Art. 228 CrimPC from 2023
Art. 228 Application for release from remand
1 The accused may apply to the public prosecutor at any time in writing or orally on record for release from remand, subject to paragraph 5 below. The application must be accompanied by a brief statement of grounds.
2 If the public prosecutor grants the application, it shall release the accused from remand immediately. If it does not wish to grant the application, it shall pass the same together with the files no later than 3 days after receipt to the compulsory measures court accompanied by a statement of its opinion.
3 The compulsory measures court shall send the opinion to the accused and his or her defence lawyer and allow them 3 days to respond.
4 The compulsory measures court shall decide at the latest within 5 days of receiving the response or of the expiry of the time limit mentioned in paragraph 3 above. If the accused expressly waives the right to a hearing, the decision may be issued in written proceedings. Article 226 paragraphs 2–5 also applies mutatis mutandis.
5 The compulsory measures court may in its decision specify a time limit of a maximum of one month within which the accused is not permitted to file a further application for release.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
