Arrest warrant

An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual's property. Arrest warrants are issued by a judge or justice of the peace under the Criminal Code. Once the warrant has been issued, section 29 of the code requires that the arresting officer must give notice to the accused of the existence of the warrant, the reason for it, and produce it if requested, if it is feasible to do so. Czech courts may issue an arrest warrant when it is not achievable to summon or bring in for questioning a charged person and at the same time there is a reason for detention (i.e. concern that the charged person would either flee, interfere with the proceedings or continue criminal activity, see Remand in the Czech Republic). The arrest warrant includes: identification of the charged person brief description of the act, for which the person is charged designation of section of criminal code, under which the person is charged precise description of reasons for the issuance of the arrest warrant The arrest is conducted by the police. Following the arrest, the police must within 24 hours either hand the arrested person over to the nearest court or release the person. The court must immediately interview the arrested person, who has the right to have an attorney present, unless the attorney is not within reach. The court has 24 hours from the moment of receiving the person from the police to either order remand or to release him. Reaching the maximum time is always reason for immediate release. Detaining a person is only allowed under certain conditions defined by the Basic Law for the Federal Republic of Germany (Grundgesetz für die Bundesrepublik Deutschland). In article 104 (Deprivation of liberty), the fundamental law determines that only a Haftrichter ("arrest judge") may order confinement that exceeds 48 hours. The former is called vorläufige Festnahme ("provisional confinement"), the latter is named Haftbefehl ("order of arrest").

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Related concepts (8)

Pre-trial detention

Pre-trial detention, also known as preventive detention, provisional detention, or remand is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere.

Arrest warrant

Magistrate

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters.