Although the arrest itself cannot be prevented in principle, it may happen that police officers use excessive force or that the arrest was not justified on the merits. Legal protection against this is available.
An appeal against a judicial authorization of detention may be lodged with the competent court within 14 days of notification of the authorization. The authorization may be appealed even if the person concerned is not yet in custody. However, the appeal does not have a suspensive effect – the authorization of the arrest therefore remains in force until the appellate court reaches a decision. The prosecutor’s order of detention can also be challenged by means of an appeal on the grounds of violation of the law.
If the arrest was made by the criminal investigation department on its own initiative, it is possible to lodge an appeal against the measure with the competent regional administrative court within six weeks. The appeal against the measure also has no suspensive effect. However, the administrative court can grant suspensive effect at the request of the person concerned if this does not conflict with compelling public interests.
