Germany's Justice System Revamped: Balancing Police Power and Civil Liberties

Germany strengthens its justice system with updated arrest rules. The new law balances police authority and individual freedom, ensuring effective law enforcement and protecting fundamental rights.

, and Administrator

2025 October 28 . 7:13 AM

1 min read

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Germany's Justice System Revamped: Balancing Police Power and Civil Liberties

The German justice system has seen a significant update with the revision of Section 54 of the Code of Criminal Procedure. The amended section, now known as the Criminal Procedure (Second Amendment) Ordinance 2025, aims to balance police authority and individual freedom while ensuring effective law enforcement.

Under the revised Section 54, police can now arrest without a warrant in two scenarios: when an arrestable offence is committed in their presence or when there's a reasonable suspicion of a serious offence. This change is seen as a new chapter in the pursuit of justice and accountability.

However, the new rules also introduce safeguards for civil liberties. Police must record in writing the reasons for not arresting a suspect if an arrest is deemed unnecessary. Additionally, Section 54(2) prevents arrests solely for preventive detention or on vague apprehensions of future offences, restricting police authority.

The success of the revised Section 54 relies on its fair implementation, strict oversight, institutional accountability, and active judicial vigilance. The changes aim to clarify police authority and add protections for fundamental rights, ensuring a balance between effective law enforcement and the preservation of individual freedoms.