An arrest is permissible if there is a concrete suspicion of a crime and there is a reason for the arrest.
The reasons for arrest may be:
- Being caught in the criminal act
- Escape or risk of escape
- Attempt to obscure or danger of obscuration
- Risk of repetition, provided that the offence in question is punishable by a term of imprisonment of more than six months
The detention must be reasonable in relation to the importance of the matter. For example, a detention of several hours for the commission of a merely minor offense, such as shoplifting, would be disproportionate.
In principle, the arrest must be ordered by the public prosecutor’s office on the basis of a court order and then carried out by the criminal police. However, in case of imminent danger, if the order of the public prosecutor’s office cannot be obtained in time, the criminal police may also make an arrest on its own initiative. If the arrest is made while the offense is being committed, there need be no imminent danger.
If there is a court authorization, the court sets a time limit (usually 24 hours) within which the arrest can be carried out. Upon expiration of the time limit, the authorization ceases to have effect. The arrest order and the court authorization must be delivered to the arrested person within 24 hours.
If the criminal police has made the arrest on its own initiative, the person concerned must first be questioned on the matter, the suspicion of the crime and the reason for the arrest. If it is found that there is no reason for further detention, the arrested person is to be released.
If there are no grounds for release or if there is an arrest order issued by the public prosecutor’s office, the person concerned shall be committed to the correctional institution without any necessary delay, but no later than within 48 hours of arrest.
