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An arrest warrant is an order issued by an authority to detain a person in custody. It legalizes the deprivation of liberty by the authorities. There are different types of arrest warrants, for example, pre-trial detention warrants, enforcement detention warrants, and preventive detention warrants. Formal requirements for an arrest warrant: Written form Order issued by a judge Mandatory information: the accused, the offense (time and place of commission, legal characteristics, and applicable criminal provisions), the grounds for arrest, and the facts from which the strong suspicion of the offense and the grounds for arrest arise. Substantive requirements for an arrest warrant: The substantive requirements for an arrest warrant are regulated in Sections 112, 112a, 113, and 127b of the Code of Criminal Procedure. The basic requirements for pre-trial detention are: Strong suspicion of a crime Grounds for detention (Proportionality) Strong suspicion of a crime within the scope of pre-trial detention under Section 112 I 1 of the Code of Criminal Procedure exists if there is a high probability that the accused has committed a crime as a perpetrator or accomplice (Federal Constitutional Court (BVerfG) NJW 1996, 1049; Federal Court of Justice (BGH) NStZ 1992, 449). Strong suspicion of a crime does not exist if there is only a "certain probability" of the perpetrator (Federal Court of Justice, May 5, 1992 – 2 BJs 15/92-5, StB 9/92). For pre-trial detention, a prognostic decision regarding the probability of conviction must be made. The probability assessment must be made based on the current status of the investigation. Definition of risk of absconding In practice, the risk of absconding is probably the most common reason for pre-trial detention. The reason for this could be that this is the easiest ground for detention for the public prosecutor to justify. Definition of the risk of flight according to Section 112 II No. 2: When considering all the circumstances of the individual case, there must be a higher probability that the accused will evade criminal proceedings, at least for a certain period of time, than the expectation that he or she will remain available for the proceedings. (MüKoStPO/Böhm/Werner, 1st ed. 2014, StPO Section 112, marginal number 41) Active action is always necessary here as well. Mere passivity cannot lead to the imposition of pre-trial detention (nemo tenetur se ipsum accusare). Final, purposeful behavior is always necessary. No one has a duty to facilitate or enable their own criminal prosecution. However, an effect on one's own body, for example, rendering oneself unfit to stand trial, is sufficient. The mere expectation of a high sentence does not, in itself, justify pretrial detention. Konstantin Grubwinkler Specialist Attorney for Criminal Law Partner, Reubel Grubwinkler Attorneys at Law