Constitution of the Federal Republic of Germany (1994, as amended 2014) (excerpts related to Fair Trial (Right to a)) (English)

Basic Law for the Federal Republic of Germany


Article 103
[Fair trial]
(1) In the courts every person shall be entitled to a hearing in accordance with law.
(2) An act may be punished only if it was defined by a law as a criminal offence before the
act was committed.
(3) No person may be punished for the same act more than once under the general criminal

Article 104
[Deprivation of liberty]
(1) Liberty of the person may be restricted only pursuant to a formal law and only in
compliance with the procedures prescribed therein. Persons in custody may not be
subjected to mental or physical mistreatment.
(2) Only a judge may rule upon the permissibility or continuation of any deprivation of liberty.
If such a deprivation is not based on a judicial order, a judicial decision shall be obtained
without delay. The police may hold no one in custody on their own authority beyond the end
of the day following the arrest. Details shall be regulated by a law.
(3) Any person provisionally detained on suspicion of having committed a criminal offence
shall be brought before a judge no later than the day following his arrest; the judge shall
inform him of the reasons for the arrest, examine him, and give him an opportunity to raise
objections. The judge shall, without delay, either issue a written arrest warrant setting forth
the reasons therefor or order his release.
(4) A relative or a person enjoying the confidence of the person in custody shall be notified
without delay of any judicial decision imposing or continuing a deprivation of liberty.


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