How Can a Pre-Trial Detention Order Be Challenged?

Pre-trial detention is the most severe protective measure, fully restricting a person's liberty. Understanding the conditions under which it is ordered, and how to challenge it, is critical at an early stage of the process.

When Is a Detention Order Issued?

Detention applies where there is strong suspicion of an offence together with a risk of flight or of tampering with evidence. The court must also assess whether a lighter measure, such as judicial control, would suffice; under the principle of proportionality, detention is a last resort used only where such measures would be inadequate.

How and Where Is an Objection Filed?

A detention order may be challenged before a higher court than the one that issued it, or before another chamber of the same court. The objection petition should set out, with concrete grounds, why the order is unlawful — for example, that there is no strong suspicion of an offence or that judicial control would be sufficient.

Does Filing an Objection Suspend the Detention?

No. Filing an objection does not automatically suspend enforcement of the order; the person remains in detention while the objection is being reviewed. This makes it essential that the objection petition is strong and complete from the outset.

How Is Continued Detention Reviewed?

The status of detention is reviewed of the court's own motion at regular intervals set by law, and the suspect or defendant may also apply for release at any stage during this process. As the period of detention lengthens, objections and release requests may need to be raised more frequently.

Practical Tips

As soon as a detention order becomes known, defence counsel should be contacted immediately so the objection period is not missed. An objection petition that demonstrates, with concrete evidence, that judicial control measures (such as a travel ban or a reporting obligation) would suffice strengthens the chance of release.

This article is provided for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.