Facts
The appellant [X.] was sentenced by the District Court of Lenzburg to a custodial sentence of 2 1/2 years on August 15, 2013. The sentence ended on July 13, 2015. On July 11, 2015, [X.] was placed in preventive detention to secure the execution of the measure. On September 10, 2015, the District Court ordered his immediate release and awarded [X.] compensation of 50 francs per day for the detention from July 14, 2015 to September 10, 2015.
[X.] filed a complaint and demanded additional compensation for the preventive detention from September 11, 2015 to July 5, 2016. The High Court dismissed the complaint on April 20, 2017 and confirmed the compensation of 11,800 francs (59 days at 200 francs) awarded by the District Court.
Considerations
The Federal Supreme Court partially overturns the decision of the High Court and remands the case for re-evaluation to the lower instance. It justifies this as follows:
The preventive detention from July 11, 2015 to July 5, 2016 proves to be unjustified and excessive within the meaning of Art. 431 para. 2 CrimPC, as the sanction from 2013 was not subsequently modified. The appellant is generally entitled to compensation for this excessive detention.
However, the lower instance decided contradictorily by dismissing the complaint on the one hand, but reserving the regulation of the compensation to the District Court in the new proceedings on the other hand. The Federal Supreme Court therefore overturns the decision and remands the case to the lower instance for re-evaluation,…