Facts
The case concerns an individual, X, who was arrested and placed in provisional detention for offenses such as domestic violence, threats, and pornography. The court ordered a psychiatric evaluation to assess the risk of recidivism. The evaluation concluded that X belonged to a group of people with a low risk of recidivism, provided he maintained physical distance and refrained from contacting his partner. The court decided to maintain provisional detention, considering the risk of recidivism to be too high.
The defendant appealed this decision, arguing that substitute measures, such as a ban on entering a certain area and contacting certain individuals, were sufficient to reduce the risk of commission. The Federal Court ultimately overturned the lower court's decision and ordered the defendant's release under the condition of respecting the substitute measures.
Considerations
The Federal Court considered that provisional detention was not justified, as substitute measures were sufficient to reduce the risk of commission. The court also considered that the psychiatric evaluation had concluded that the defendant belonged to a group of people with a low risk of recidivism, provided he maintained physical distance and refrained from contacting his partner.
The court also examined the provisions of Article 237 of the Swiss Criminal Procedure Code (CrimPC), which allow for the application of substitute measures to reduce the risk of commission. The court…