Absence of automatic periodic review of detention under early execution of sentence

Facts

X. was placed in pre-trial detention on April 3, 2012, under suspicion of professional fraud, subsidiarily of professional fraudulent use of a computer. On November 13, 2012, the Public Prosecutor's Office authorized X. to serve her sentence in an early manner pursuant to Art. 236 para. 1 CrimPC. On January 11, 2013, X. filed a request for immediate release, which was rejected by the Compulsory Measures Court and the Criminal Appeals Chamber of the Cantonal Court.

X. then appealed to the Federal Tribunal, primarily requesting her immediate release and subsidiarily the annulment of the contested judgment.

Considerations

The Federal Tribunal dismissed the appeal, to the extent that it was admissible. It considered that X.'s pre-trial detention had ended on November 13, 2012, when she began to serve her sentence in an early manner. Consequently, she could no longer claim a periodic review of her detention, as she had waived certain of her rights by accepting the early execution of her sentence.

However, X. retains the possibility of requesting her release at any time,…