Risk of blackout

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In the case of a risk of obscuration ( in Switzerland often also a risk of collusion ), there is an urgent suspicion in legal language that a person who has not yet been detained could destroy or change evidence or influence witnesses and co-accused.

In addition to the risk of obscuration, a judicial authority (e.g. a public prosecutor's office) may also suspect a risk of flight .

A competent judicial authority can consider or forecast the magnitude of these dangers. Naturally, this assessment is subjective. You may apply to the competent court, that person temporarily in custody to take. This measure should serve to establish the truth.

In Germany , Section 112 (2) of the Code of Criminal Procedure regulates the procedure when there is a risk of blackout.

In Austria , the imposition of pre-trial detention is regulated in Section 173 (2) of the StPO there .

In Switzerland , Article 221 of the Code of Criminal Procedure stipulates that remand detention can be ordered if there is an urgent fear of blackout.