Facts
On 27 March 2012, X. was arrested. The public prosecutor's office in Baden applied to the compulsory measures court of the Canton of Aargau to have X. placed in remand custody for a provisional period of three months. The compulsory measures court dismissed this application on 28 March 2012 and ordered the release of X. The public prosecutor's office, which did not participate in the court hearing, was immediately informed of this decision by telephone. The public prosecutor's office then filed an appeal with the High Court of the Canton of Aargau in less than two hours.
On 29 March 2012, the presiding judge of the appeal court provisionally ordered the continued detention in remand custody. On 11 April 2012, the High Court upheld the appeal of the public prosecutor's office, set aside the decision of the compulsory measures court of 28 March 2012 and ordered X. to be held in remand custody for a period of three months.
X. appealed against this decision to the Federal Supreme Court on 30 April 2011.
Considerations
The Federal Supreme Court states that, according to case law, the public prosecutor's office has the right to appeal against a decision of the compulsory measures court to lift the detention. This results from the public interest in an effective criminal justice system.
Pursuant to Art. 226 para. 5 CrimPC, the accused has the right to immediate release if the compulsory measures court does not order remand custody. In order to reconcile this right of the accused with the right of appeal of the public prosecutor's office, the public prosecutor's office must announce its appeal immediately after becoming aware of the decision to release from custody and, as a rule, before the compulsory measures court. The announcement has the effect that the detention continues after the release decision of…