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German law & Martial arts

Code of Criminal Procedure - StPO

Keywords:
provisional arrest



In extracts, reduced to the relevant paragraphs and sections for the martial artist

CHAPTER IX

Arrest and Provisional Apprehension

Section 127 (Provisional Arrest)

(1) If a person is caught in the act or is being pursued, any person shall be authorized to arrest him provisionally, even without judicial order, if there is reason to suspect flight or if his identity cannot be immediately established. The establishment of the identity of a person by the public prosecution office or by officials in the police force shall be governed by Section 163b subsection (1).

(2) Furthermore, in exigent circumstances, the public prosecution office and officials in the police force shall be authorized to make a provisional arrest if the prerequisites for issuance of a warrant of arrest or of a committal order have been fulfilled.

(3) In the case of a criminal offence which can only be prosecuted upon application, provisional arrest shall also be admissible where no application has yet been filed. This shall apply mutatis mutandis if a criminal offence may be prosecuted only with authorization or upon request for prosecution.

Source: Code of Criminal Procedure (StPO) / juris GmbH




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