Arrested in Berlin: before a judge by the end of the next day
Germany fixes the limit in the constitution rather than in the code: a person detained on suspicion of an offence must be brought before a judge no later than the end of the day following the arrest. The judge then decides on Untersuchungshaft — pre-trial detention — or on measures that replace it.
The German clock
| Step | Rule | Note |
|---|---|---|
| Before a judge | By the end of the day following the arrest | Constitutional limit |
| Pre-trial detention | Ordered by the judge, on grounds fixed by statute | Flight risk, interference with evidence, repetition |
| Alternatives to detention | Reporting, residence conditions, supervision, surrender of passport | § 116 of the Code of Criminal Procedure |
| Security | A deposit may be required as one of those conditions | Not bail as such: it accompanies conditions |
| Review | Detention is reviewed periodically | On application and of the court's own motion |
| Lawyer | Mandatory defence in the cases the code lists | Including where detention is ordered |
The German equivalent of bail is not a route to release on its own: it is one of the conditions the court can attach when it suspends the detention order. The decisive question remains flight risk, and for a non-resident that is the point on which everything turns.
Why a visitor is more likely to be detained
Flight risk is assessed on ties to Germany: a registered address, employment, family, a settled life. A visitor has none of those, so the same offence produces a different outcome — not through discrimination but because there is nothing for the court to supervise.
The answer is to give the court something. A German address willing to receive the person, an undertaking to surrender the passport and report, and — the route almost nobody uses — supervision enforced in your own country under the European mechanism, described in the guide on pre-trial detention abroad.
What actually happens in Berlin
- Nightlife in Kreuzberg, Neukölln and Friedrichshain: fights, and drugs at the low end.
- Public transport: travelling without a valid ticket is a criminal offence in Germany, not an administrative one, and repeat cases are prosecuted.
- Demonstrations, which are frequent, and where resisting officers is charged readily.
- Graffiti and property damage, taken more seriously than visitors expect.
- Airports: customs, luggage and arrests on alerts relating to other countries.
- Insult: Beleidigung is a criminal offence in Germany, and it is charged for words said to police officers.
The last two catch Italians and English speakers alike, because in both cases the conduct is treated as trivial at home and as criminal here.
The Italian side
Only a lawyer admitted in Germany can act before a German court, and where the code requires mandatory defence one will be appointed if none is chosen. The Italian side covers the rest: a parallel proceeding in Italy, a warrant, an alert, and the family.
Germany executes European Arrest Warrants through the higher regional courts, and the framework is in the guide on surrender. The coordination model is in how a correspondent case is run.
Frequently asked questions
How long can German police hold me?
You must be brought before a judge no later than the end of the day following the arrest. The judge then decides on pre-trial detention or on measures replacing it.
Is there bail in Germany?
Not as a standalone route. A deposit can be one of the conditions attached when the court suspends a detention order, alongside reporting, residence conditions and surrender of the passport.
Why am I more likely to be detained as a visitor?
Because flight risk is assessed on ties to Germany. The answer is to give the court something to supervise, including supervision enforced in your own country under the European mechanism.
Is travelling without a ticket really a crime?
In Germany yes, it is a criminal offence rather than an administrative one, and repeat cases are prosecuted.
If this is happening now
The judge sees the case by the end of the following day, so the address and the documents have to exist before that. First contact is free and covered by professional privilege, at any hour.