Database of Legislation

Section 112: Admissibility of Remand Detention; Grounds for Arrest

(1)   Remand detention may be ordered against the accused if he is strongly suspected of the offence and if there is a ground for arrest. It may not be ordered if it is disproportionate to the significance of the case or to the penalty or measure of reform and prevention likely to be imposed.

(2)   A ground for arrest shall exist if, on the basis of certain facts,

1.    it is established that the accused has fled or is hiding;

2.    considering the circumstances of the individual case, there is a risk that the accused will evade the criminal proceedings (risk of flight); or

3.    the accused’s conduct gives rise to the strong suspicion that he will

a)    destroy, alter, remove, suppress, or falsify evidence,

b)    improperly influence the co-accused, witnesses, or experts, or

c)    cause others to do so,

and if, therefore, the danger exists that establishment of the truth will be made more difficult (risk of tampering with evidence).

 

Section 116: Suspension of Execution

(1)   The judge shall suspend execution of a warrant of arrest which is justified merely by a risk of flight if the expectation is sufficiently substantiated that the purpose of remand detention may also be achieved by less severe measures. The following measures, in particular, may be considered:

1.    an instruction to report at certain times to the judge, the criminal prosecuting authority, or to a specific office to be designated by them;

2.    an instruction not to leave his place of residence, or wherever he happens to be, or a certain area, without the permission of the judge or the criminal prosecuting authority;

3.    an instruction not to leave his private premises except under the supervision of a designated person;

4.    the furnishing of adequate security by the accused or another person.

(2)   The judge may also suspend execution of a warrant of arrest which is justified for risk of tampering with evidence, if less severe measures sufficiently substantiate the expectation that they will considerably reduce the risk of tampering with evidence. In particular, an instruction not to have contact with co-accused persons, witnesses, or experts may be considered.

(3)   The judge may suspend execution of a warrant of arrest issued in accordance with Section 112a provided there are sufficient grounds to assume that the accused will comply with certain instructions and that the purpose of detention will be fulfilled thereby.

(4)   In the cases referred to in subsections (1) to (3), the judge shall order execution of the warrant of arrest if

1.    the accused grossly violates the duties and restrictions imposed upon him;

2.    the accused makes preparations for flight, remains absent without sufficient excuse upon proper summons to appear, or shows in any other  manner that the trust reposed in him was not justified; or

3.    new circumstances have arisen which necessitate the arrest.