As an accused person, you have the right to appeal against the decision to detain you in custody within 14 days (detention appeal). If such an appeal is filed, the 14-day detention period (see above) is extended by one month. Within the framework of the detention appeal, compliance with all regulations to be observed by the court concerning detention may be reviewed. The appeal period against a continuation order is three days. The Higher Regional Court is responsible for reviewing detention.
If the Higher Regional Court rejects the detention appeal – and there is thus no longer any legal remedy to proceed against pre-trial detention – there is the possibility of filing a so-called fundamental rights complaint with the Supreme Court within 14 days. With this appeal, the accused can claim that his or her fundamental right to personal freedom has been violated by a criminal court decision – for example, because the legal requirements for pre-trial detention are lacking or the detention itself or its duration is disproportionate. If the complaint is justified and the person concerned is still in custody, the Supreme Court overrules it. In contrast to other cases, the costs of a fundamental rights appeal are reimbursed by the federal government if the appeal is upheld.
Furthermore, as an accused person, you have the possibility to apply for release from custody at any time. This triggers the obligation to schedule a detention hearing without delay and to decide on the application.
As long as the accused is in pre-trial detention, defense counsel is compulsory.
