Facts
X. was provisionally arrested on March 1, 2011 in Diepoldsau/SG. On March 2, 2011, he was brought to the public prosecutor's office in Lenzburg-Aarau, which questioned him and informed him of the arrest on March 3, 2011. On March 4, 2011, the public prosecutor's office applied to the compulsory measures court of the Canton of Aargau for pre-trial detention against X. until June 3, 2011. The compulsory measures court placed X. in pre-trial detention on March 5, 2011.
X. filed a complaint with the High Court of the Canton of Aargau, requesting his immediate release from custody. The High Court found that the public prosecutor's office had violated the procedural requirement of expedited proceedings in custody matters, set aside the decision of the compulsory measures court, and remanded the case for a new assessment by the compulsory measures court.
X. then filed a criminal law appeal with the Federal Supreme Court, requesting that the decision of the compulsory measures court of March 5, 2011 be set aside and that he be released from custody immediately.
Considerations
The Federal Supreme Court states that according to the applicable provisions of the Swiss Code of Criminal Procedure (StPO), the public prosecutor's office has a maximum of 48 hours to submit the detention application to the compulsory measures court, and the latter then has a maximum of 48 hours to make the detention decision. The public prosecutor's office had submitted the detention application around 60 hours after the arrest, i.e., 12 hours too late.
However, the Federal Supreme Court holds that the continuation of the detention does not become unlawful just because the public prosecutor's office does not submit the detention application within 48 hours, but only when the compulsory measures court does not inform the arrested person of the…