Decisions imposing or continuing pre-trial detention are of course not effective indefinitely, but end after the expiry of certain periods – the so-called detention periods. For example, the period of detention is 14 days from the imposition of pre-trial detention, one month from the first continuation and two months from each subsequent continuation. After the start of the main hearing, these periods no longer apply and pre-trial detention is no longer limited by the detention period.
Before the expiration of the respective detention period, a detention hearing must be held or the defendant must be released. Thus, the conditions of pre-trial detention are subject to regular judicial review. The accused also has the right to waive the holding of his or her own detention hearing. In this case, the decision to suspend or continue is issued in writing, without a prior oral hearing.
If the prosecution brings the charge, the effectiveness of the decision to impose or continue detention is no longer limited to the above-mentioned detention periods. Detention hearings shall then only take place if the defendant requests his release and a decision on this cannot be taken without delay in the main hearing.
Of course, pre-trial detention may not last indefinitely from this point on. Thus, the maximum duration of pre-trial detention until the start of the main hearing may not exceed certain time limits – these time limits are basically dependent on the reason for the detention and the threat of punishment of the offense.
Generally, this maximum duration is:
- -two months if the defendant is in detention only for being a flight risk
- six months, if the threat of punishment does not exceed three years
- one year, if the threat of punishment does not exceed 5 years
- two years, if the threat of punishment exceeds 5 years
However, the period of six months may only be exceeded if this is unavoidable due to the particular difficulties or scope of the investigation.
If a defendant who has been released due to the expiry of a time limit has to be remanded in custody in order to conduct the main hearing, this may only be done for a maximum of six additional weeks.
