Electronically monitored house arrest is not an alternative to pre-trial detention, but is a special form of enforcement. House arrest can be requested either by the public prosecutor’s office or by the defendant himself, provided the following conditions are met:
- Domestic residence
- Purpose of detention may also be achieved in house arrest because the defendant is in orderly living conditions and consents to electronic supervision
The purpose of detention cannot be achieved in cases of domestic violence, for example, because the victim and the perpetrator live in the same household.
The court decides on these applications in a separate detention hearing. Prior to the decision, the court must usually order provisional probation assistance, unless the application would have to be rejected anyway. The purpose of probation assistance is to inform the court about the defendant’s living conditions and social ties.
If the court grants the application, the person may subsequently only leave the accommodation for certain important reasons – for example, to pursue his or her employment or education, to procure basic essentials, and to obtain medical care.
In practice, however, house arrest is rarely granted.
