Purpose and conditions of judicial coercive measures affecting personal liberty

§ 276. (1) In proceedings for a criminal offense punishable by imprisonment, a court-licensed coercive measure affecting the personal liberty of the accused shall be ordered, extended and maintained if:

(a) the accused offense is reasonably suspected or accused of having committed the offense, and

(b) it is necessary to achieve the objective of the coercive measure affecting the personal liberty of the licensee and the objective pursued cannot be achieved in any other way.

(2) A coercive measure of a judicial licensee affecting personal liberty may be ordered

(a) to ensure the presence of the accused, if

(aa) absconded, attempted to escape or absconded from a court, public prosecutor's office or investigating authority, or

(ab) there are reasonable grounds for believing that he or she would be inaccessible in criminal proceedings, in particular by escaping or hiding,

(b) to prevent the burden of proof from being made more difficult or frustrating if:

(ba) the accused has intimidated, unlawfully influenced, or destroyed, falsified or concealed a means of evidence, electronic data or property subject to confiscation, intimidated or unlawfully influenced a person involved in criminal proceedings in order to frustrate evidence, or

(bb) there are reasonable grounds for believing that the accused would jeopardize the evidence, in particular by intimidating, unlawfully influencing, destroying, falsifying or concealing material or other data which is the subject of criminal proceedings or another person,

(c) to prevent the possibility of recidivism if:

(ca) has , after the questioning of the suspect, continued the offense which is the subject of the proceedings or has been questioned as a suspect for another intentional criminal offense committed after the questioning of the suspect, or

(cb) there are reasonable grounds for believing that he or she would commit an offense that has been attempted or prepared, that he or she would commit an offense that is the subject of the proceedings or that he or she would commit another offense punishable by imprisonment.

§ 277. (1) Detention may be ordered in order to make the burden of proof more difficult or unsuccessful or, if this can be established in relation to the victim, to prevent recidivism.

(2) Criminal supervision may be ordered in order to ensure the presence of the accused, to prevent the aggravation or failure of the evidence, or to prevent the recurrence of the crime.

(3) In addition to criminal supervision, detention may also be ordered.

4. Arrest may be ordered in order to ensure the presence of the accused, to prevent the aggravation or failure of evidence or to prevent recidivism, in particular:

a) the nature of the offense,

b) the status and interests of the investigation,

c) the personal and family circumstances of the accused,

d) the relationship between the accused and the person involved in the criminal proceedings or another person,

(e) his conduct before and during the criminal proceedings against him

in view of the fact that the objective to be achieved by a coercive measure of a judicial licensee affecting personal liberty cannot be ensured by distance or criminal supervision.

(5) Preliminary compulsory medical treatment may be ordered in order to prevent the recurrence of a crime if it can be reasonably assumed that there is a place for compulsory medical treatment of the accused.

Ordering coercive measures affecting judicial freedom affecting personal liberty

§ 278. (1) The court shall decide on the order of a coercive measure of a judicial licensee affecting personal freedom - upon the motion of the prosecutor's office before the indictment.

(2) The victim may also request a restraining order. The victim may submit a request for a restraint order to the prosecutor's office dealing with the case before the prosecution. The prosecutor's office forwards the victim's motion together with the case files to the court without delay.

(3) The court before the indictment

(a) order detention, criminal supervision or detention and criminal supervision instead of arrest,

b) order criminal supervision by prescribing more lenient rules of conduct instead of absenteeism proposed by the prosecutor's office,

c) in addition to criminal supervision, also order restraint or, instead of criminal supervision, restitution,

(d) order detention, criminal supervision, criminal supervision and detention or arrest instead of prior compulsory medical treatment;

(e) may prescribe a code of conduct which is less stringent or different from that proposed.

Termination and abolition of coercive measures by judicial licensors affecting personal liberty

§ 279. (1) The court, the prosecutor's office and the investigating authority shall endeavor to ensure that the coercive measure of a judicial licensee affecting personal liberty lasts for as short a time as possible.

(2) A coercive measure of a judicial licensee affecting personal liberty shall be terminated if

(a) it has expired without renewal or reservation,

b) the time limit for the investigation has expired and no charges have been brought,

(c) the proceedings have been terminated or suspended,

(d) the proceedings have been definitively closed.

(3) A coercive measure of a judicial licensee affecting personal liberty shall be terminated if

a) the reason for his order has ceased to exist,

(b) another coercive measure affecting the personal liberty of the judge has been ordered instead, or

(c) in another case, the accused has been arrested or remanded in custody.

(4) A coercive measure of a judicial licensee affecting personal liberty may be terminated if the accused is serving a custodial sentence, confinement or correctional institution.

(5) Withdrawal or criminal supervision may be terminated with regard to the ordering or criminal supervision ordered in another case, if the purpose of the distance or criminal supervision is to maintain the distance or criminal supervision in accordance with the distance or criminal supervision ordered in another case. provided with criminal supervision.

(6) The custody of the accused may be re-ordered if, upon his or her release, the conditions for ordering a coercive measure affecting the personal liberty of a judicial licensee continue to exist and the coercive measure of a judicial licensee affecting personal liberty

(a) was terminated because the defendant was arrested or remanded in custody in another case, or

(b) terminated pursuant to paragraph 4.

(7) A coercive measure of a judicial licensee affecting personal liberty shall be terminated by the court and may be terminated by the prosecutor's office before the indictment, except for the restraining order ordered at the request of the victim.

Termination and abolition of coercive measures by judicial licensors affecting personal liberty