Release from pre-trial detention due to lack of risk of repetition

Facts

The appellant [A.] was provisionally arrested by the Cantonal Police of Thurgau on 5 October 2014 on suspicion of sexual acts with children. On 4 November 2014, the High Court of the Canton of Thurgau ordered pre-trial detention against [A.] . The pre-trial detention was later extended by the Compulsory Measures Court of the Canton of Thurgau and the Cantonal Court of Schaffhausen. [A.] appealed against these decisions.

Considerations

The Federal Supreme Court overturned the decision of the Schaffhausen High Court of 13 February 2015 and instructed the Public Prosecutor's Office to release [A.] from custody no later than five working days after service of the judgment. Although there was a strong suspicion of guilt against [A.] , the risk of repetition was not sufficient to justify the continuation of the pre-trial detention. The Federal Supreme Court stated that the two previous convictions of [A.] in Germany could not be taken into account under Article 369 of the Swiss Criminal Code, as they would have been deleted under Swiss law. Even though the allegations against [A.] were not trivial, the risk of…