Gewahrsam

Gewahrsam is a legal term used in German-speaking countries to describe the temporary deprivation of a person’s liberty by state authorities, typically police, in order to manage a safety or order problem, secure an investigation, or determine the person’s identity and whereabouts. It is a precautionary or interim measure, applied before any formal charging decision is made, and is distinct from a formal arrest.

The purposes of Gewahrsam include preventing harm to the person or others, preventing flight from proceedings, securing evidence, and facilitating procedural steps such as identification or medical care. It may be used when there is an immediate danger, uncertainty about identity, or other circumstances where immediate action is warranted to protect public safety or the integrity of an investigation.

Procedural aspects and rights are generally designed to balance public interest with individual rights. A person placed in Gewahrsam must typically be informed of the reasons for the measure and of applicable rights, including access to legal counsel and the possibility to challenge the detention. Detention under Gewahrsam is intended to be temporary and subject to judicial review; the duration is limited by law and must be proportionate to the aim pursued.

Gewahrsam is distinguished from a formal arrest in that it does not, on its own, constitute a charge of a crime. However, the outcome of Gewahrsam can lead to arrest if circumstances justify proceeding with formal custody or, alternatively, to release if there is no legal basis for continued deprivation of liberty.

Across German-speaking jurisdictions, Gewahrsam serves as an instrument of law enforcement and public order, enabling authorities to secure safety and investigative needs while safeguarding individual rights.