Facts
The case concerns a criminal procedure conducted by the public prosecutor's office of Baden against [A.] for murder and threats. [A.] was arrested on 12 February 2022 and placed in pre-trial detention. The cantonal court of Argovia's coercive measures tribunal ordered his release on 28 October 2022, but the public prosecutor's office appealed this decision, which was upheld by the cantonal court's criminal appeals chamber. [A.] then filed a criminal appeal with the Federal Court.
The parties involved are [A.], the public prosecutor's office of Baden, the cantonal court of Argovia's coercive measures tribunal, the cantonal court's criminal appeals chamber, and the Federal Court. The key dates are 12 February 2022 (A.'s arrest), 28 October 2022 (release decision), 17 November 2022 (criminal appeals chamber's decision), and 10 January 2023 (Federal Court's decision).
Considerations
The Federal Court examined the question of whether the public prosecutor's office has the right to appeal decisions to release from pre-trial detention or detention for security reasons. The CrimPC does not explicitly provide for this right, but the Federal Court's case law had previously admitted this right.
However, the legislator revised the CrimPC and explicitly excluded the public prosecutor's office's right to appeal release decisions. The Federal Court considered this legislative revision to be a change in case law and decided to abandon its previous case law.
The Federal Court also considered that the coercive measures tribunal's release…