Deprivation of liberty

Deprivation of liberty

Deprivation of liberty

Deprivation of liberty

- Constitution of Germany

Article 104[Deprivation of liberty]

(1) Liberty of the person may be restricted only pursuant to a formal law and only in compliance with the procedures prescribed therein. Persons in custody may not be subjected to mental or physical mistreatment.

(2) Only a judge may rule upon the permissibility or continu­ation of any deprivation of liberty. If such a deprivation is not based on a judicial order, a judicial decision shall be obtained without delay. The police may hold no one in custody on their own authority beyond the end of the day following that of the arrest. Details shall be regulated by a law.

(3) Any person provisionally detained on suspicion of having committed a criminal offence shall be brought before a judge no later than the day following that of his arrest; the judge shall inform him of the reasons for the arrest, examine him and give him an opportunity to raise objec­tions. The judge shall, without delay, either issue a written arrest warrant setting forth the reasons therefor or order his release.

(4) A relative or a person enjoying the confidence of the person in custody shall be notified without delay of any judicial decision imposing or continuing a deprivation of liberty.


Basic Law of Germany

Preamble
Basic Rights
Federation and the Lander
Bundestag
Bundesrat
Joint Committee
Composition Rules of procedure
Federal President
Federal Government
Federal Legislation
Execution of Federal Laws
Joint Tasks
Judiciary
Finance
State of Defence
Transitional and Concluding Provisions
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