P006. A research project about the limitation of long pre-trial detention in Germany through the requirement of a speedy trial in the context of detention reviews.

• In Event: Poster Session & Ice Cream Social

Abstract

The poster presents an ongoing research project that deals with the limitation of long pre-trial detention durations in Germany through the detention review of the Higher Regional Courts. Therefore, approximately 300 cases are being evaluated by a quantitative file analysis, focusing primarily on detention review decisions.
The research examines the establishment of §§ 121, 122 of the German Criminal Procedure Code (StPO) since 1964 as an attempt to limit detention duration in alignment with Germany's obligations under Article 5 III of the European Convention for Human Rights (ECHR).The project aims to provide an assessment of the effectiveness of this legislative act and to assess its impact on limiting pre-trial detention durations in Germany.
In contrast to several EU states, Germany lacks an absolute maximum limit for pre-trial detention. The German pre-trial detention system has seen a troubling trend since the last fifty years toward extended durations, both in terms of frequency and total number.
This rise in long-term detentions has led to Germany being repeatedly condemned by the European Court of Human Rights (ECtHR) for violating the principle of acceleration. This situation underscores the importance of the acceleration principle, which emphasises the need for timely judicial proceedings as derived from the ECHR.
The present research will contribute to a deeper understanding of the current practices and the efficiency of the detention reviews by the German Higher Regional Courts.

Author

• Moritz Büchler, Ruhr-Universität Bochum