Document background
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.
