Facts

The Public Prosecutor's Office of the Canton of Basel-Landschaft is conducting a criminal investigation against X. on suspicion of drug trafficking. The cantonal court for coercive measures initially ordered pre-trial detention, but later revoked it. The Public Prosecutor's Office appealed against this decision to the Cantonal Court and requested the granting of suspensive effect to prevent the release of X. The Cantonal Court dismissed the request for suspensive effect. Thereupon, the Public Prosecutor's Office filed an appeal in criminal matters with the FSCA.

Considerations

The FSCA decided that the right of appeal of the Public Prosecutor's Office can only be effectively exercised if the accused is still in custody at least at the beginning of the appeal proceedings and the appellate court is enabled to decide on his release within the framework of the appeal proceedings. For this purpose, it is necessary that the Public Prosecutor's Office files its appeal with the appellate court immediately after becoming aware of the decision to release from custody and requests the necessary and urgent procedural and precautionary measures. The right of appeal of the Public Prosecutor's Office includes that the pre-trial detention…