Procedures take too long
Suspects must be released from custody
2/12/2023 3:47 p.m
If someone is suspected of a crime, they will be taken into custody. But the period of imprisonment must not be infinitely long. In recent years, more and more suspects have therefore had to be released. Apparently there is a permanent shortage of staff in the courts.
There is a growing number of suspects who have to be released from pre-trial detention due to lengthy criminal proceedings. Last year, at least 73 people were released nationwide for this reason, according to figures from the German Association of Judges. In 2021, the judiciary administrations of the federal states reported 66 cases, in 2020 there were 40. The judges’ association sees increasingly complex criminal proceedings as the cause for the development, but also a lack of staff in the public prosecutor’s office and courts.
According to the information, more than 300 suspects have been released from custody in the past five years because the proceedings took too long. The association refers to a survey by the “Deutsche Richterzeitung” in the justice ministries and higher regional courts of the 16 countries. Accordingly, Bavaria has reported the highest numbers for 2022. 15 arrest warrants were lifted there because the corresponding criminal proceedings had taken too long. In the previous year, 10 suspects were therefore released from custody.
Big regional differences
According to the survey, Hesse came second with 13 cases last year. In 2021 there were only 3 cases there. As in the previous year, Berlin reported 9 cases for 2022. North Rhine-Westphalia and Saxony each reported 6 cases, followed by Rhineland-Palatinate (5) and Saarland (4). Bremen, Hamburg and Thuringia each have 3 cases for 2022, Baden-Württemberg 2. There was one case each in Brandenburg, Mecklenburg-Western Pomerania, Lower Saxony and Schleswig-Holstein. In Saxony-Anhalt, no suspect was released because the proceedings lasted too long.
According to the Association of Judges, the criminal justice system is missing at least 1,000 lawyers. At the same time, criminal laws are becoming more complex and the volume of data to be evaluated is becoming more extensive – for example in cases of child abuse, organized crime or economic crime, explained Federal Managing Director Sven Rebehn. As a result, even priority custody cases cannot always be dealt with within the time limits required by the rule of law.
Digitization and investments
“A broad-based investment offensive by the federal and state governments is needed to significantly increase the number of staff in the judiciary and to promote digitization in the administration of justice,” says Rebehn. In general, pre-trial detention should not last longer than six months. However, an extension is possible if the scope of the investigation justifies it.
The Federal Ministry of Justice said that releases from pre-trial detention due to lengthy procedures must be avoided. The organizational responsibility for this lies solely with the federal states. This also applies to the equipment of the judiciary. Nevertheless, the federal government will support the federal states in this legislative period in the coming years with up to 200 million euros. This year, 50 million euros are available for digitization.