Facts
The appellant [X.] was arrested on April 14, 2009 under strong suspicion of killing his partner [Y.] . He was then placed in pre-trial detention, as there was a risk of flight and collusion. During the proceedings, the pre-trial detention was extended several times. On March 29, 2011, the public prosecutor's office filed charges against [X.] for intentional homicide as well as for pornography and requested a custodial sentence of ten years. At the same time, it filed an application with the compulsory measures court for the imposition of preventive detention due to the risk of flight.
The compulsory measures court then ordered the preventive detention, which was confirmed by the High Court of the Canton of Lucerne. [X.] appealed against this decision to the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that for the assumption of a risk of flight pursuant to Art. 221 para. 1 lit. a CrimPC, there must be a certain probability that the accused, if at liberty, would evade the execution of the sentence by fleeing. In this regard, all the specific circumstances must be taken into account, in particular the severity of the threatened sentence, family ties, professional and financial situation, as well as contacts abroad.
In the present case, the Federal Supreme Court affirmed the existence of a risk of flight. On the one hand, the appellant faces a multi-year custodial sentence, which constitutes a significant incentive to flee. On the other hand, the appellant is…