Can a police officer object to another arrest

Arrest (arrest)

Arrest (arrest) means that a suspect is being held by the police.

The prosecutor's officecan Order the arrest of an accused (subject to judicial approval) if

  • the suspect / accused caught in the act becomes,
  • the suspect / accused flee or want to go into hiding
  • the suspect / accused Influence witnesses, experts and co-accused or the Eliminate traces of action want,
  • Risk of repetition or the danger of further execution an act that has already started exists and this criminal act is threatened with a prison sentence of more than six months.

The prosecutor's office got to order the arrest (subject to judicial approval) if

  • it is a crime deals with at least ten years imprisonment is threatened. This only does not apply if all of the above-mentioned reasons for detention can be excluded.

An arrest (arrest) is not permitted, If you disproportionate is. This is the case, for example, if a newspaper is stolen from the newspaper rack.

In most cases, the criminal investigation department acts first. She is also entitled to arrest (arrest) if it is necessary to obtain an order from the public prosecutor's office and obtain judicial approval, but is not immediately possible due to an urgent need for action.

The arrested (arrested) must be arrested questioned immediately become. The interrogation usually takes place in the guard room of a police station. The arrested person must immediately or immediately after the arrest have the right to notify a relative or another person of trust and a lawyer instructs become. He must also be informed about the right to refuse to testify. If there is no reason for detention, he must be released again.

Legal information for accused persons and the procedural rights to which they are entitled must be given in a language that the accused understand.

The arrested person can refuse to testify in whole or on certain questions.


If there is an arrest always the right to call a lawyer - in these difficult situations you should not do without legal help.

The Legal journal service for arrested suspects, which the Federal Ministry of Justice set up together with the Austrian Bar Association, is open daily from 00.00 a.m. to midnight free of charge from all over Austria under the Phone number 0800 376 386. The first call and telephone consultation are free of charge. In addition, the services are generally chargeable.

The criminal police must report the arrested (arrested) immediately or within 24 hours written justification issue, in which the suspicion and reason for detention are stated. If the arrest (arrest) is made by order of the public prosecutor's office, the criminal police must give the arrested person the court approval Submit to arrest immediately or within 24 hours.

The arrested (arrested) is initially housed in the detention cell of the police station. If further detention is required, the arrested person must be held within 48 hours after the arrest (arrest) the competent dish be handed over. The court then examines whether more lenient means (e.g. the accused must report to the criminal police at regular intervals) can be ordered or whether pre-trial detention can be imposed.

Teenagers between 14 and 18 years of age must, as soon as the purpose of arrest can be achieved or has already been achieved by means of family law orders, possibly in connection with a milder means to be released. Furthermore, arresting a juvenile who cannot be released immediately can be done without unnecessary delay

  • a legal guardian or a relative living with the young person in the same household as well
  • the juvenile court assistance and
  • a probation officer who has already been appointed for the juvenile and
  • the youth welfare agency

to communicateunless the youngster disagrees with a valid reason.

Legal bases

For all personal designations, the selected form applies to both genders and thus corresponds exactly to the legal terminology of the Code of Criminal Procedure in this text (Section 515 (2) of the Code of Criminal Procedure).

Last updated: February 24, 2021

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