Extension of Pre-Trial Detention - Distinction between Expert Opinions under Art. 182 CrimPC and Official Reports under Art. 195 CrimPC - A Prior Medical Expert Opinion on the Risk of Recidivism Can Only Be Obtained within the Framework of an Expert Opinion - The Affected Person Must Be Granted the Right to Be Heard within the Framework of This Prior Medical Assessment, Even If It Is Carried Out within the Framework of a Psychiatric Expert Opinion - Reminder of the Assessment of the Risk of Recidivism

Facts

- The appellant was placed in pre-trial detention on 16 November 2018 by the Coercive Measures Court of the District of Zurich at the request of the Public Prosecutor's Office due to the risk of absconding (Art. 221 para. 2 CrimPC). - The appellant filed a complaint against the detention review decision of the High Court of the Canton of Zurich. - The Federal Supreme Court partially quashes the contested decision and instructs the Public Prosecutor's Office to immediately obtain a short expert opinion on the risk assessment. If this is not available by 1 March 2019, the Public Prosecutor's Office must order the release of the appellant subject to suitable alternative measures.

Considerations

- For the assumption of the ground for detention of the risk of absconding under Art. 221 para. 2 CrimPC, a very unfavourable risk prognosis is required. It is not a prerequisite that the suspected person has already taken concrete steps to complete the threatened serious crime. - If the assessment of the ground for detention is substantially dependent on the risk…