Rights of the foreigner detained in Germany

South Africans nationals in prison abroad Lawyers

It is of great importance for the foreigner community to know and to dominate the rights that correspond them, so that in the different circumstances that they can face the legal character to be able to make them be worth and don't turn private of the own ones for the ignorance and the artificial lack of culture. This way the things, of being stopped by reason of any cause, won't face that situation in an unfavorable position, but rather it has the necessary and basic knowledge to be preserved.

How should he/she be carried out a detention so that it is according to Right?

When being made the detention of some person a record in that hour will be consigned and will be extended immediately, the dates and reason of the detention as well as any other matter that is of interest. The records will be signed by the actuated person and the detainee. At the request of the detainee or of their relatives, the Police or the authority that he/she has at your disposal they will inform the detention and the place in which the detainee is, as well as it will facilitate the communication among them in the terms and in the form settled down in the corresponding dispositions.

Also the authorities authorized to have under their custody to a detainee, he cannot be maintained in such a condition for more time than the legal terms settled down in the laws and normative that regulates this procedure.

Which can the legitimate causes be for a detention?

English Speaking German Attorneys

As it is established by the first Article of the Penal Code, ¨No penalty without Law¨, for that much less a person can be stopped without the suitable legal foundations for it. In the case of the application of a condemnation, only a fact can be punished when the punishment has been proven and certain legally before the fact had been made, likewise before carrying out a detention, pre settled down in the Law the legal causes that base this detention, this way discretion and arbitration should be avoided in the juridical traffic.

Therefore nobody can be stopped but in the cases and with the formalities that the laws prescribe, in their case The Police, when having knowledge of a criminal fact is in the obligation of stopping the presumed author; any person can also stop the one that tries to make a crime, in the moment go to make it; to the criminal in the act; to the one that has smashed a sanction of privation of freedom or a measure of detective security that is completed by means of the flight or to the accused declared in rebelliousness, keeping in mind that the person that stops a fellow by virtue of these conditions, will give him/her immediately to the Police.

Which is the legal condition of a detainee and how the right can be exercised?

The detained person is in a legal situation very different from that of the accused, and for it that of the convict. In this first stage: The detention, he/she should know as Latin that enough elements that prove his/her guilt, don't still exist for that innocent ¨ until be proven or not his/her innocence and not to the inverse one¨, for what we should not resign, to be confused neither to be allowed to intimidate or to manipulate at all, in this stage the load of the test doesn't relapse in you, because at least it is part of the process, it is not necessary to prove that he/she is innocent, but the opposite, for what the load of the test relapses in the public organ that exercises the penal action against him and he denounces it: The Office, to which corresponds him to find objective tests that you/they believe a reasonable doubt about their innocence and then the case begins against him as accused.

He/she is also entitled to request the presence of a lawyer, because clearly can detail him the main questions of his cause and the different mechanisms in the procedure that can be useful and that he/she ignores.

U.E. lawyer in Community criminal law

Equally it is important to know that he/she has the possibility to face the process against her/him in his/her country and not in Germany, which can be carried out by means of a process of Extradition, if his/her country has a bilateral agreement with Germany or in very strange cases of not existing this agreement, he can be carried out by virtue of the principle of International Reciprocity among States.

What should he/she make on the event of being stopped?

He/she should request the presence of a lawyer that represents and instructs her/him in the process, mainly because the intervention of a professional of the right guarantees the improvement of his condition and he/she notices him on how he should develop his behavior. There are also certain crimes for those who can be detained that it requires an obligatory intervention of literate representation, either at the request of part or in their declared defect of occupation, for what would be very convenient to select a lawyer for their bill, since of not being assigned some this way, and in this case you ignore absolutely about the experience and this lawyer's capacity.


Print   Email