Facts
The complainant had been in pre-trial detention since September 2015 and was rearrested on February 6, 2016, due to suspicion of new delinquency. The Criminal Court of the Canton of Zug sentenced him on September 6, 2016, to an unconditional prison sentence of 35 months for multiple endangerment of life, threat, coercion, deprivation of liberty, and serious violation of traffic regulations, and ordered an outpatient measure.
The High Court of the Canton of Zug dismissed the complainant's appeal and confirmed the first-instance convictions as well as the order of a custodial accompanying outpatient measure. The complainant lodged a criminal complaint with the Federal Supreme Court, which was partially upheld. The Federal Supreme Court overturned the contested judgment and referred the case back to the High Court for reconsideration regarding the accusation of multiple endangerment of life.
The complainant requested his release from detention, which was rejected. The public prosecutor's office requested the dismissal of the application, and the High Court dismissed the request for release from detention. The complainant then requested the revocation of the presidential decree and his immediate release from detention.
Considerations
The Federal Supreme Court dismissed the complaint, insofar as it was entertained. The complainant argued that there was excessive detention, as he had already been in detention for almost 27 months and the presumed duration of the expected custodial sanction had already been exceeded.
However, the lower court had established that it was necessary to examine whether a custodial measure should not be seriously considered. The complainant complained that a custodial measure was already out of the question for formal reasons, as such a measure would be contrary to the prohibition of worsening the situation pursuant to Art. 391 para. 2 CrimPC.
However,…