The Arrest Affidavit (Festnahmebericht) is a critical document used in German criminal procedure to document the circumstances and legality of an arrest. It must be prepared whenever a person is taken into custody, whether through a warrant-based arrest or provisional arrest under StPO §127. This document serves multiple purposes: it provides a detailed account of the arrest, ensures compliance with legal requirements, protects both officer and subject rights, and serves as an official record for court proceedings. The affidavit must include specific information required by German law, including probable cause, rights notification, and handling of evidence. It forms part of the official case file and may be scrutinized by prosecutors, courts, and defense counsel throughout the criminal justice process.
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1. Header Information: Official letterhead, date, time, location, and case number
2. Arresting Officer Details: Name, rank, and department of the reporting officer(s)
3. Subject Information: Complete identification details of the arrested person including name, date of birth, address, and identification documents
4. Time and Location: Precise details of when and where the arrest took place
5. Probable Cause: Detailed description of the circumstances and legal grounds justifying the arrest
6. Miranda Rights Notification: Documentation of when and how the subject was informed of their rights under German law
7. Arrest Circumstances: Detailed narrative of how the arrest was conducted and any relevant observations
8. Evidence Collected: List and description of any evidence secured during the arrest
9. Use of Force Statement: Documentation of any force used during the arrest and justification
10. Medical Examination: Results of any medical examination conducted post-arrest
11. Property Inventory: List of personal belongings taken from the arrested person
12. Certification: Officer's sworn statement and signature
1. Witness Statements: Include when witnesses were present during the arrest
2. Interpreter Details: Required when translation services were used during the arrest
3. Special Circumstances: Any unusual conditions or special handling requirements (e.g., medical conditions, diplomatic immunity)
4. Vehicle Information: When a vehicle was involved in the arrest or seized
5. Minor/Guardian Information: Required when the arrested person is under 18 years of age
6. Resistance Documentation: Detailed when the subject resisted arrest
7. Additional Agency Involvement: When other law enforcement agencies were involved in the arrest
1. Photographs: Photos taken during arrest, including injuries or evidence
2. Property Receipt: Detailed inventory of confiscated items with signatures
3. Medical Report: Any medical examination reports or certificates
4. Rights Notification Form: Signed copy of rights notification in subject's language
5. Witness Statement Forms: Written statements from any witnesses
6. Chain of Custody Forms: Documentation for handling of evidence and property
7. Technical Documentation: Any relevant technical reports (e.g., breathalyzer results, drug tests)
Relevant legal definitions
Festnahme
Beschuldigter
Verhafteter
Diensthabender Beamter
Ermittlungsakte
Haftbefehl
Vorläufige Festnahme
Gefahr im Verzug
Tatbestand
Ermittlungsrichter
Beschlagnahme
Beweismittel
Vernehmung
Belehrung
Polizeigewahrsam
Durchsuchung
Sicherstellung
Verhaftungsprotokoll
Dienstaufsicht
Rechtsbeistand
Dolmetscher
Staatsanwaltschaft
Tatort
Dienstsiegel
Ermittlungshandlung
Beschuldigter
Verhafteter
Diensthabender Beamter
Ermittlungsakte
Haftbefehl
Vorläufige Festnahme
Gefahr im Verzug
Tatbestand
Ermittlungsrichter
Beschlagnahme
Beweismittel
Vernehmung
Belehrung
Polizeigewahrsam
Durchsuchung
Sicherstellung
Verhaftungsprotokoll
Dienstaufsicht
Rechtsbeistand
Dolmetscher
Staatsanwaltschaft
Tatort
Dienstsiegel
Ermittlungshandlung
Clauses
Identification
Jurisdiction
Probable Cause
Rights Notification
Use of Force
Evidence Collection
Property Seizure
Medical Examination
Witness Documentation
Officer Certification
Chain of Custody
Constitutional Rights
Procedural Compliance
Time and Location
Subject Status
Officer Authority
Medical Status
Interpreter Services
Special Circumstances
Property Inventory
Jurisdiction
Probable Cause
Rights Notification
Use of Force
Evidence Collection
Property Seizure
Medical Examination
Witness Documentation
Officer Certification
Chain of Custody
Constitutional Rights
Procedural Compliance
Time and Location
Subject Status
Officer Authority
Medical Status
Interpreter Services
Special Circumstances
Property Inventory
Relevant Industries
Law Enforcement
Legal Services
Public Safety
Criminal Justice
Government Administration
Public Sector
Healthcare (for medical examinations)
Translation Services
Security Services
Public Defense
Relevant Teams
Legal Operations
Law Enforcement Operations
Criminal Investigations
Records Management
Compliance
Internal Affairs
Court Administration
Public Safety Administration
Evidence Processing
Documentation
Relevant Roles
Police Officer
Detective
Chief of Police
Prosecutor
Judge
Court Clerk
Defense Attorney
Legal Assistant
Police Administrator
Records Manager
Compliance Officer
Law Enforcement Trainer
Internal Affairs Officer
Police Legal Advisor
Criminal Justice Administrator
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