Pre-trial detention (arrest on remand)

Pre-trial detention is ordered by a judge where concrete evidence shows strong suspicion of an offence and a statutory ground of detention exists. The grounds are the risk of flight and the risk of tampering with evidence or pressuring witnesses, and for certain serious offences the statute allows the grounds to be presumed.

Detention is a measure, not a punishment, and the presumption of innocence continues. Under proportionality it may be used only where judicial control would be inadequate, and it is unavailable for offences punishable only by judicial fine or by short imprisonment. Maximum periods are fixed by statute according to the offence and the phase, with detention reviewed at regular intervals.

Objection lies against the order, and release may be requested at any stage. Unjustified detention grounds a compensation claim against the state. Prolonged detention and formulaic reasoning are among the areas most frequently generating findings of rights violations in practice.