Everything You Need to Know About Police Custody (Gewahrsam) and the Maximum Legal Duration in Germany
Police custody (Gewahrsam) is an important legal measure used by German police to maintain public safety and order—especially in situations where a person must be held temporarily to verify identity or to prevent imminent harm.
Despite its importance, this measure is governed by strict legal rules that define when it may be used and the maximum permissible duration, ensuring individual rights and freedoms are protected.
What is police custody (Gewahrsam)?
It is the detention of a person for a limited period, often without formal charges at the outset, in order to protect public safety or complete necessary checks.
It may be used to prevent unlawful acts or when a person poses a risk to themselves or others.
When is police custody used?
When someone is suspected but not yet formally arrested, and police have grounds to hold them temporarily.
To protect the person themselves in acute situations (e.g., severe intoxication or a mental health crisis).
To prevent offences or crimes during the initial clarification phase.
What is the maximum legal duration?
Police custody can be short-term, but longer deprivation of liberty requires fast judicial oversight.
Without a judge’s decision, police generally may not keep someone in custody beyond the end of the day following the arrest.
Any longer extension is subject to strict conditions and usually requires a court order (specific maximum limits can differ depending on the federal state and the circumstances). cjad.nottingham.ac.uk+2Gesetze im Internet+2
After the allowed period ends, the person must either be released or the matter must move into a formal judicial procedure (e.g., a court decision on further detention).
Police custody vs. formal detention (Haft)
Purpose
Gewahrsam: Temporary order/safety measure or protection of the person
Haft: Detention based on formal criminal-law grounds
Duration
Gewahrsam: Short-term; longer periods typically require a judge’s order
Haft: Can last longer based on court decisions
Procedure
Gewahrsam: May begin without a warrant, but judicial review must follow quickly
Haft: Generally requires a judicial decision
Rights while in police custody
The right to inform a close person or an appropriate contact.
The right to a lawyer.
Humane treatment and appropriate custody conditions.
The right to be told the reason for custody and the expected duration.
What happens when custody ends?
Release if there are no sufficient grounds for further measures.
Or transition into formal proceedings if the authorities decide legal conditions are met.
How to protect your rights
Know your rights and request a clear explanation.
Ask for a lawyer immediately.
Document what happened and seek legal/human-rights support if needed.
Conclusion
Police custody (Gewahrsam) is a key tool for maintaining security temporarily, with clear legal safeguards designed to protect rights.
Understanding these rules helps people respond more confidently to temporary detention situations and highlights the balance between public order and personal freedom.
Our writers and editors strive to provide accurate information through extensive research and multiple sources. However, errors may occur or some details may remain unconfirmed. Please treat this as an initial reference and consult the competent authorities for verified information.
