Increasingly Suspicious due to long criminal proceedings from pre-trial detention must be released.
In the past year, the courts of appeal for this reason, picked up nationwide, in at least 65 cases of the arrest warrants against strongly suspect. This is evident from Figures of the German judges ‘ Federation, the existence of the German press Agency. In 2017, there were 51 cases in the previous year, 41. As the cause of the Association provides for, among other things, the high duty of the criminal courts and prosecutors, as well as the increased effort in the processing of the procedure.
In the remand only Accused, are highly suspect land. Considering the especially serious crimes, and if it is assumed that the Suspect will escape or that his deed could be repeated. In the case of thefts, damage to property or bodily injury, there is usually no investigation.
The judiciary is obliged to bring proceedings against remand prisoners as fast as possible and to give priority to. Otherwise, free to come Affected after a certain period of time in custody, even if the allegations are not resolved against you. Although there is no rigid upper limit, generally speaking, a remand should not take longer than six months. Only if the particular difficulty or the particular scope of the investigation justify this, is an extension possible.
The German judges newspaper had requested the ministries of justice of all länder, the number of detention dismissals due to long criminal proceedings. Alone in Berlin had to be laid off in the past year, 13 of the suspects because the judiciary was not able to edit their procedures quickly enough.
The German judges Association, sees several reasons for the development. “Plays a role for sure, that criminal prosecutors and courts are heavily used and at the stop of the work,” said Germany managing Director Sven Rebehn of the dpa. The procedure would be always costly, often there is international entanglements and wide-ranging groups of offenders. “In addition, the wash out have border volumes of data have multiplied,” said Rebehn. Not rarely things were in extensive criminal several terabytes of data.
The Association is concerned that the tense personnel situation could escalate to the courts, because by 2030, more than 10,000 lawyers retire and need to be replaced. Although the Federal government supports the countries until 2021 in the recruitment of 2,000 new magistrates and judges. However, it is important that these Bodies now fill in all of the countries quickly and to take in the face of the oncoming retirement wave is still a lot more money in the Hand.