Czech courts may issue an arrest warrant when it is not possible to summon or bring in for questioning a charged person and at the same time there is a reason for detention (i.e. concern that the charged person would either flee, interfere with the proceedings or continue criminal activity, see Remand in the Czech Republic).
[1]: §69(5) Detaining a person is only allowed under certain conditions defined by the Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland).
In article 104 (Deprivation of liberty), the fundamental law determines that only a Haftrichter ("arrest judge") may order confinement that exceeds 48 hours.
The former is called vorläufige Festnahme ("provisional confinement"), the latter is named Haftbefehl ("order of arrest").
Courts can issue arrest warrant against an individual under Section 72 of Bharatiya Nagarik Suraksha Sanhita, 2023.
Under bailable arrest warrant a person could execute a bail bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.
A non bailable arrest warrant is usually issued for serious offences and if there exist a suspicion that the accused will abscond.
Section 74 and 75 of BNSS provide the power to the Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.
Information the police bring to the neutral and detached magistrate must establish that—considering the police officer's experience and training—the officer knows facts, either through personal observation or through hearsay, that would suggest to a reasonable, prudent person that the individual named in the warrant committed or was committing a crime.
[13] Since 1983, a constitutionally sufficient affidavit must support a conclusion by a reviewing magistrate that the "totality of the circumstances" suggest that there is a fair probability that the facts the police relied on for probable cause to arrest are valid; the magistrate balances "the relative weights of all the various indicia of reliability (and unreliability) attending an informant's tip.
"[14] The individual issuing the arrest warrant need not be a judge or an attorney,[15] but must be both capable of determining whether probable cause exists as well as be a neutral and detached official.
Capias writs are often issued when a suspect fails to appear for a scheduled adjudication, hearing, or similar proceeding.
[27] Some jurisdictions have laws placing various restrictions on persons with outstanding warrants, such as prohibiting renewal of one's driver's license[28] or obtaining a passport.