Arrest warrant – Bavaria –

It may seem surprising at first glance that the judiciary would issue an arrest warrant for sedition. So that a suspect’s freedom is taken away, even though it’s about words and not about beatings, shots or stolen property. In fact, incitement to hatred is anything but a trivial crime: it carries a prison sentence of up to five years, and at least for repeat offenders there have been prison sentences without parole. Because inflammatory words can also pave the way for violence. In this respect, it does not seem disproportionate from the outset that the Bavarian AfD politician Daniel Halemba was now taken into custody on precisely this suspicion. It remains to be seen whether it will stay that way, because an arrest warrant is generally linked to strict conditions – freedom is a valuable asset. There must be a strong suspicion of a crime and a “reason for arrest”. In addition to the risk of escape, this is the so-called risk of blackout. So the worry that someone might destroy the evidence that could convict him. Ultimately, the arrest warrant is a preventive measure: the constitutional state wants to ensure that it can actually enforce its “penalty” in the end.

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