''Title XI, II. Arrest and pre-trial detention, § 127''

1) The investigating judge may order the arrest of a suspect of a crime

or misdemeanour even without a preceding summons: 2

1. if the suspect is caught in the act or is either caught in the act or is

credibly accused of being the perpetrator of a crime or misdemeanour

immediately afterwards or is caught with weapons or with items that

otherwise indicate his participation in the offence;

2. if the suspect is a fugitive or in hiding or if there is the danger as a

result of certain facts that he will flee the criminal proceedings, in

particular by leaving his place of residence without permission or by

not following a summons to trial, or that he will flee or go into hiding

because of the amount of the penalty probably expecting him or for

other reasons;3

3. if he tries to influence witnesses, expert witnesses, and co-suspects, to

remove the traces of the offence, or otherwise to make the

ascertainment of the truth more difficult, or if there is the danger as a

result of certain facts that he will attempt to do so, or

4. if it is to be assumed as a result of certain facts that he is going to

commit a punishable act that is directed against the same legal interest

as the one he is charged with, or that he will execute the attempted or

threatened offence that he is charged with.4

2) If the offence in question is a crime which according to the law

must be punished by a penalty of at least ten years of imprisonment, it

must be ordered that the suspect be arrested, unless it is to be expected as

a result of certain facts that all reasons for arrest listed in Para. (1) Item

(2) to (4) can be excluded.5

3) Ordering the suspect's arrest pursuant to Para. (1) and (2) shall be

inadmissible if detention is disproportionate to the significance of the

matter.6

1 Heading before § 127 inserted by LGBl. 2012 No. 266.

2 § 127(1) introductory sentence amended by LGBl. 2012 No. 266.

3 § 127(1)(2) amended by LGBl. 2012 No. 26.

4 § 127(1)(4) amended by LGBl. 2007 No. 292.

5 § 127(2) amended by LGBl. 2007 No. 292.

6 § 127(3) inserted by LGBl. 2007 No. 292.

312.0 Code of Criminal Procedure (StPO)

§ 2891

1) Every warrant for apprehension shall state the punishable act of

which the accused is a suspect, provide a personal description that is to

be as accurate as possible, and state the request for provisional arrest and

detention. The warrants for apprehension shall be distributed and shall

in particular be sent to the National Police and to the law enforcement

authorities of the surroundings. If required, the publication of the

warrants for apprehension by the public newspapers shall be effected,

possibly including a picture of the accused.

2) The same procedure as with warrants for apprehension shall also be

followed with the description and publication of items obtained by theft,

robbery, or fraud, or of subjects of punishable acts against the security of

transactions with money, securities, and stamps. The description shall be

published in particular where the items are of great value or of such a

nature that there is hope that publication will lead to the discovery of the

perpetrators themselves or to the prevention of further evils or to

compensation for the injured party. Everyone shall be obliged to report

to the National Police or to the Prosecution Service what he has learned

about the items described.