Jung SA, Petrick C, Schiller EM, Münster L (2021)
Publication Type: Journal article
Publication year: 2021
Book Volume: 22
Pages Range: 303-314
Journal Issue: 2
DOI: 10.1017/glj.2021.7
Freedom is one of the fundamental rights enshrined in Art. 2(2)(2) of the German Constitution. However, nearly 30,000 remand prisoners were incarcerated in pre-trial detention in Germany in 2017 pending trial. Due to the presumption of innocence, remand prisoners are subjected to a flagrant violation of their constitutional right to freedom. After outlining the legal pre-requisites of pre-trial detention under German law, this article addresses various legal areas of conflict arising from periods of prolonged pre-trial detention by examining a case brought before the Federal Constitutional Court in Germany in 2018. At the same time, the article demonstrates how severely pre-trial detention affects the personal lives of remand prisoners. The longer any such period of pre-trial detention lasts, the more important the question is whether this deprivation of liberty can be justified. Over the past few years, the number of cases involving protracted pre-trial detention has increased dramatically due to overworked courts. By emphasizing that a lack of judicial resources cannot justify lengthy terms of pre-trial detention, this article highlights the importance of the fundamental right to freedom of each and every one of us.
APA:
Jung, S.A., Petrick, C., Schiller, E.M., & Münster, L. (2021). Developments in German Criminal Law: The Urgent Issues Regarding Prolonged Pre-Trial Detention in Germany. German Law Journal, 22(2), 303-314. https://dx.doi.org/10.1017/glj.2021.7
MLA:
Jung, Sina Alica, et al. "Developments in German Criminal Law: The Urgent Issues Regarding Prolonged Pre-Trial Detention in Germany." German Law Journal 22.2 (2021): 303-314.
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