Facts
The public prosecutor's office of the canton of Schwyz has appealed against the decision of the criminal detention court (CTC) of Schwyz to terminate the pre-trial detention of the accused X. On 19 March 2011, X. was arrested on suspicion of intentional homicide or murder, and placed in pre-trial detention on 22 March 2011. On 18 April 2011, the single judge of the CTC limited the pre-trial detention until 22 April 2011 at 5:00 pm and imposed a contact ban on X. with witness Y. due to the risk of collusion. The public prosecutor's office appealed against this decision to the cantonal court of Schwyz, which refused to consider the matter on 20 April 2011 on the grounds that the decision of the CTC was not yet reasoned. The public prosecutor's office then filed a new appeal on 21 April 2011 against the reasoned decision of the CTC and requested the provisional maintenance of the detention, but the cantonal court refused this provisional measure. On 26 April 2011, the cantonal court dismissed the appeal as moot following the release of the accused on 22 April 2011.Considerations
The FSCA has upheld the appeal of the public prosecutor's office. It considered that the public prosecutor's office has a legal interest in appealing against a decision terminating pre-trial detention, as the unjustified release of an accused can impede the continuation of the criminal proceedings. Although appeals generally do not have suspensive effect, the appeal authority may order the provisional maintenance of detention without prior…