Pre-Trial Detention in a Car Trade Embargo Case: What Relatives Need to Know and Should Do Immediately

13 Mar 2026

KLASSEN

Arrest for Car Export to Russia: Immediate Help for Families.

Your husband was arrested this morning. Or your wife. Or your business partner. Officers from the customs investigation service were at the door, searched the apartment and took your relative away. The accusation: an embargo violation in the car trade. You stand in an empty living room, the cupboards open, the computers gone. The fear is overwhelming. Questions are racing through your mind. And no one tells you what happens next.

This article is written for you. Not for lawyers. Not for the suspect. But for you as the wife, husband, partner or close relative of a person who is now in custody on suspicion of an embargo violation in the car trade. The shock runs deep.

Questions pile up. What will happen to him? What will happen to the dealership? How will you pay the rent? Who will pick up the children from school? This article gives you the orientation you need in the first 24 hours after the arrest. It explains what rights your relative has, what you should do immediately and how a specialized defense can secure a release.

Pre-trial detention in embargo cases in the car trade is no longer a marginal phenomenon. In the Würzburg embargo case, the defendant spent more than four months in prison before the judgment was delivered in March 2026. In the Lübeck proceedings in February 2026 all five arrested persons were placed in pre-trial detention. In the Mannheim case concerning car exports to Russia three people were arrested. Behind every one of these numbers stands a family in panic.

Why detention in embargo cases in the car trade is so common

Pre-trial detention is not a punishment. It serves to secure the criminal proceedings. But this legal distinction does not help you much in this moment. What matters: your relative is sitting in a cell and will not get out quickly unless you act now.

Detention is ordered pursuant to Section 112 of the German Code of Criminal Procedure when two conditions are met: a strong suspicion of a crime and grounds for detention. In embargo investigations in the car trade, extensive evidence usually already exists at the time of arrest. Customs investigators conduct covert investigations for months, analyzing export declarations, vehicle registration data and bank movements before taking action.

The grounds for detention that judges regularly affirm in embargo cases are risk of flight and risk of evidence tampering. Risk of flight is assumed when your relative has business contacts abroad, possesses assets outside Germany, holds a second citizenship or when the potential sentence is high. In the case of a commercial embargo violation under Section 18(7) AWG, a prison sentence of two to fifteen years is possible. The higher the potential sentence, the stronger the incentive to flee that courts assume.

Risk of evidence tampering is assumed when authorities fear that the suspect may destroy evidence, influence witnesses or coordinate statements with co-defendants. In the complex networks of car exports to Russia – involving straw men, shell companies and international intermediaries – courts almost always affirm this ground for detention.

The first hours after the arrest: your emergency roadmap

In the first hours after the arrest you are the most important person in the detainee’s life. He has no access to a phone, the internet or his documents. He is completely cut off from the outside world. What he needs now is someone outside who acts on his behalf. And that person is you.

Your first and most urgent task: immediately instruct a criminal defense lawyer with experience in detention cases and embargo investigations in the car trade. Not the lawyer who usually handles tax declarations. A specialist who understands sanctions criminal law and knows how detention judges decide in embargo cases. REXUS has exactly this expertise in white-collar criminal law.

An experienced detention lawyer will contact the prison on the same day and visit the client. Under Section 148 of the German Code of Criminal Procedure, the defense lawyer has an unrestricted right to visit that does not depend on permission. No visiting slip, no waiting time, no monitoring requirement. The lawyer can immediately enter the cell.

If your relative does not have a defense lawyer, the court appoints a public defender pursuant to Section 140(1) No. 4 of the Code of Criminal Procedure. This lawyer is often chosen randomly. In embargo criminal cases in the car trade a non-specialized public defender is usually not sufficient. Use your right: under Section 143a(2) No. 1 of the Code of Criminal Procedure the public defender can be replaced within three weeks by a lawyer of your own choice.

At the same time, write down everything you know about the arrest: which authority was present? What case number appears on the arrest warrant? Which items were taken? The defense lawyer needs this information immediately.

What you must absolutely not do

Do not contact co-defendants, business partners of your relative or witnesses. Any contact that could be interpreted as coordination strengthens the suspicion of evidence tampering and endangers a release. Do not destroy documents, delete emails or change anything on computers or phones. Destroying evidence is a separate criminal offense under Section 258 of the German Criminal Code and may result in investigations against you as well.

Do not let fear drive you to impulsive actions. The panic you feel is completely understandable. Your entire life has changed within minutes. But every uncontrolled action in these first hours can dramatically worsen your relative’s situation. Take a breath. Call the defense lawyer. And then wait for instructions. The lawyer will assess the situation and tell you exactly what you should do and what you should avoid.

The appearance before the detention judge: what happens the next day

No later than the day after the arrest your relative will be brought before the detention judge. The judge opens the arrest warrant, explains the accusations and the grounds for detention. Your relative is given the opportunity to comment.

Iron rule: your relative should not make any statement about the case at the hearing. Not a word. Not without his defense lawyer. Under no circumstances should he allow himself to be pressured into a premature confession in the hope of release. Silence is not an admission of guilt. It is the smartest thing a suspect can do in this situation.

The judge decides whether the pre-trial detention remains in place, is lifted or is suspended subject to conditions. Possible conditions under Section 116 of the Code of Criminal Procedure include reporting obligations to the police, surrender of the passport, contact bans with co-defendants or bail. In embargo investigations concerning car exports to Russia, detention is often maintained, especially when authorities assume a risk of flight due to international contacts.

Why the choice of defense lawyer decides everything in embargo cases

A public defender assigned by the court is not necessarily specialized in sanctions criminal law. In practice we repeatedly hear about cases where public defenders do not specifically challenge the grounds for detention in embargo proceedings. The risk of flight for a car dealer with business contacts in Turkey must be addressed differently than in a typical fraud case. The risk of evidence tampering in a network of shell companies and international intermediaries requires different arguments than in a simple theft case.

A specialized defense lawyer understands the language of detention judges in white-collar cases. He knows which conditions are realistic and which the court will reject. He can assess the investigation file and identify weaknesses in the suspicion of a crime that a generalist might overlook. In embargo cases where detention may last months, this difference is existential.

If your relative already has a public defender who is not specialized in sanctions criminal law, do not hesitate. Use the three-week deadline for replacement under Section 143a of the Code of Criminal Procedure. Or additionally appoint a privately chosen defense lawyer who takes over the detention defense. Every day that passes without qualified defense is a lost day.

Remember: the costs of the public defense are initially borne by the state. If you have a specialized lawyer appointed as public defender, you receive the quality of a privately chosen defense lawyer with reduced financial risk. In the case of an acquittal all necessary defense costs are reimbursed. Speak directly with the lawyer of your choice about this possibility. Choosing the right defense lawyer is the most important decision you can make in this situation.

Detention review and detention complaint: how the defense secures release

The detention review pursuant to Section 117 of the Code of Criminal Procedure is the most important instrument against pre-trial detention. The defense lawyer can file such a request at any time. During the detention review hearing an oral hearing takes place before the detention judge where the defense can explain why the grounds for detention no longer exist or why less severe measures are sufficient. The suspect is presented to the judge and can personally make an impression.

In cases of risk of flight the defense argues with social ties: permanent residence, family, children, employment. Here you can actively help. Provide the defense lawyer with marriage certificates, birth certificates of the children, rental agreements, employment contracts and proof of a shared residence. Every document proving your relative’s roots in Germany is an argument against risk of flight.

Alternatively or additionally the defense can file a detention complaint pursuant to Section 304 of the Code of Criminal Procedure. If detention continues, a review by the Higher Regional Court takes place after three months at the latest under Section 121 of the Code of Criminal Procedure. The defense monitors these deadlines and ensures that no opportunity is left unused.

Tailored proposals for conditions – surrender of the passport, regular reporting obligations, electronic monitoring, bail – significantly increase the chances of release from detention. In practice we often see that courts follow well-founded proposals when the defense convincingly shows that the purpose of detention can also be achieved through milder measures. Especially in embargo cases where the investigation is completed and the key evidence secured, the argument of evidence tampering disappears. An experienced defense lawyer recognizes this moment and uses it for a detention review.

Visiting rights in pre-trial detention: how to visit your relative

You are allowed to visit your relative. For this you need a visiting permit, a so-called visiting slip. You apply for it at the public prosecutor’s office or, after charges have been filed, at the competent court. Expect a processing time of several days. For the application you need the case number, which you receive from the defense lawyer or the prosecutor.

You are entitled to at least two hours of visiting time per month. Some state laws provide additional visiting times for families with children. Bring your ID card and the visiting permit. Mobile phones and bags are not allowed. Expect security checks before entering. Arrive on time because late visitors may be turned away.

Important: during the visit do not talk about the accusation, not about the car export, not about evidence and not about co-defendants. Visits may be monitored visually and acoustically. Every word may be recorded and used in the proceedings. All procedural matters must be discussed exclusively with the defense lawyer, whose communication is legally protected.

Letters, telephone and prison account: practical guidance

All correspondence in pre-trial detention is monitored. Every letter you write is read by the public prosecutor. Do not write about the accusation, business matters or witnesses. Suspicious content may be confiscated and added to the case file. Expect delivery times of several weeks.

Telephone contact is possible only in exceptional situations. The defense lawyer can request telephone permission, which may be granted for close relatives who live far away or in urgent family matters. For daily needs in prison – food, hygiene items, stamps – transfer an appropriate amount to the prison account. The prison will provide you with the bank details. As a guideline, 100 to 150 euros per month is considered appropriate.

Children, finances, business: when pre-trial detention affects the entire life

Pre-trial detention in embargo cases affects not only the detainee. It affects the entire family. If your partner managed the car dealership and the business accounts have been frozen as part of an asset seizure under Section 111e of the Code of Criminal Procedure, you may face the question of how to finance rent, living expenses and the children’s schooling. The tightened sanctions since the 20th sanctions package have expanded confiscation powers and further increased the financial burden for families.

Speak with the defense lawyer about the release of funds for living expenses. Courts are obliged to respect the principle of proportionality. If a power of representation or procuration exists, a representative can continue the most urgent business of the dealership. Check whether claims for social benefits exist.

If children are involved: explain in an age-appropriate way that the parent cannot be at home for a while. Avoid details about the accusation. Consider whether visits to the detained parent are possible and meaningful for the children. Some prisons provide special visiting rooms for families. The defense can request that family visits be allowed under facilitated conditions.

Protect yourself as well. The burden on relatives is enormous: sudden separation, uncertainty about the duration of detention, shame toward the social environment, financial hardship and the question of what comes next. Seek support from trusted persons, family or professional counseling. You can only help your partner if you remain capable of acting yourself. The coming weeks and months will be difficult. But you are not alone.

Do not forget: the presumption of innocence applies. Many arrest warrants are lifted during the proceedings or suspended subject to conditions. A defense specialized in sanctions criminal law significantly increases the chances of an early release. What you do in the first hours lays the foundation for everything that follows.