Facts
The Public Prosecutor's Office of Basel-Landschaft is conducting a criminal investigation against [A.] for fraud and forgery of documents. On November 14, 2014, the Compulsory Measures Court of Basel-Landschaft ordered the accused's detention on remand at the request of the Public Prosecutor's Office. On November 21, 2014, the accused filed an appeal against the detention order with the Cantonal Court. By decision of December 9, 2014, the Cantonal Court upheld the appeal and ordered the immediate release of the accused. The Public Prosecutor's Office appealed this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court decided that the cantonal appellate instance in detention appeal proceedings must also consider new facts (in particular concerning the legal grounds for detention) that are asserted for the first time or have become apparent ex officio. This corresponds to the principle enshrined in the Federal Constitution and the ECHR that deprivations of liberty and their procedural modalities restricting fundamental rights must be clearly regulated by law. Furthermore, the Constitution requires the lawfulness of the deprivation of liberty to be reviewed by a court as soon as…