Bundesgerichtshof rules on pretrial detention acceleration

The German Federal Court of Justice (BGH) has addressed the principle of acceleration regarding pretrial detention during main proceedings. In a recent decision (StB 46/26), the court ruled on the continued detention of a defendant accused of involvement in an organization aimed at committing murder or manslaughter under Section 129a of the German Criminal Code.

The defendant, who has been in custody since December 2022, challenged the legality of his ongoing detention, arguing that the proceedings had not been sufficiently accelerated, thereby violating the principle of proportionality. However, the court rejected the complaint, stating that the proceedings have been actively promoted in a manner that meets legal requirements and that the interest in prosecution outweighs the defendant's right to liberty.