Safe conduct in custody matters or impending custody matters

In criminal cases, especially those with international implications, several factors can arise that make the process very difficult for the defense attorney and the defendant. In such cases, experienced criminal defense attorneys must not only consider legal issues, but also the psychological stress on their clients.

For example, a defendant who is abroad must ask himself what will happen as soon as he enters the country where he is accused. The answer to this question is probably not very reassuring, as the existing arrest warrant is often executed immediately, usually as soon as the defendant crosses the border.

However, there is a legal solution for this under Section 295 of the German Code of Criminal Procedure (StPO), but it requires a very experienced criminal defense attorney, as although this legal option exists, it is difficult to achieve in practice.

According to Section 295 (2) StPO, safe conduct allows for exemption from impending pre-trial detention. An existing arrest warrant is usually already in place in such constellations in which “safe conduct” is granted, but it is not a condition for safe conduct. “Safe conduct” can also be granted if no arrest warrant has yet been issued but one is imminent. An arrest warrant may still be issued after “safe conduct” has been granted, but it may not be enforced.

This means that the accused can enter the country without fear of being taken into custody or remanded in custody there.

The granting of “safe conduct” is usually subject to conditions and is limited in time. However, it must be made clear that “safe conduct” does not protect against imprisonment after a possible conviction following a trial.