Facts
The appellant [X.] was criminally prosecuted by the Public Prosecutor's Office of Winterthur/Unterland for qualified violations of the Narcotics Act. On November 29, 2012, he was arrested and on November 30, 2012, the Compulsory Measures Court of the District Court of Bülach ordered him to be held in pre-trial detention. On January 16, 2013, the Public Prosecutor's Office approved the early commencement of the sentence. On July 12, 2013, the appellant filed a request for release from early execution of the sentence, which the Public Prosecutor's Office forwarded to the Compulsory Measures Court on July 17, 2013. The latter dismissed the request on July 26, 2013. The appellant appealed against the decision of the High Court of August 14, 2013, which also dismissed his appeal, to the Federal Supreme Court.
Considerations
The Federal Supreme Court first examined whether the Public Prosecutor's Office had complied with the three-day deadline for forwarding the request for release from detention to the Compulsory Measures Court in accordance with Art. 228 para. 2 CrimPC. It concluded that the Public Prosecutor's Office had processed and forwarded the request within the statutory deadline. The calculation of the deadline based on working days and not calendar days is in accordance with the legal requirements.
Furthermore, the Federal Supreme Court confirmed that the urgent suspicion of a felony under Art.…