Özet:

Arrest is a protection measure used in order to reveal the material truth in criminal proceedings, and directly limits the freedom of the person. For arrest, a reason must be found in the concrete incident, together with a strong suspicion of crime. In the catalog crimes in paragraph 3 of Article 112 of the German Criminal Procedure Code, arrest can be decided even if there is no reason for arrest. The legislator removes the obligation to prove reasons for arrest. Instead of the dangerousness of the suspect, the dangerousness of the crime is considered sufficient. It is not necessary to concretize the reasons for arrest, which is accepted as the guarantee of the freedom of the person, in the decision of arrest. A strong suspicion of committing catalog crimes is accepted as a presumption of the reasons for the arrest. Although there are opinions in favor of it, catalog crime regulation in arrest may harm the freedom of the person, the arbitrariness of the arrest, the purpose and functioning of the criminal procedure, the impartiality of the decision makers, the obligation to explain the reason and the presumption of innocence.

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