Facts
Parties: Appellant X. against Regional Public Prosecutor's Office Berner Jura-Seeland
Courts: Regional Coercive Measures Court Berner Jura-Seeland, Higher Court of the Canton of Bern (Appeals Chamber in Criminal Matters), Federal Supreme Court
Dates: Arrest on June 15, 2013, Pre-trial detention from June 18, 2013, Release from custody on September 24, 2013, Decision of the Higher Court on February 28, 2014, Decision of the Federal Supreme Court on April 24, 2014
Main Issue: The appellant X. was charged with bodily harm, threats, and violation of the Firearms Act. After his release from pre-trial detention, substitute measures were imposed on him, including contact bans and a weekly reporting obligation. X. appealed against the extension of these measures and the imposition of procedural costs.
Considerations
The Federal Supreme Court first examined the admissibility of the appeal despite the loss of current practical interest. It decided that the appeal should nevertheless be considered, as the questions raised regarding the proportionality of substitute measures were of a fundamental nature and required clarification by the highest court.
With regard to the proportionality of the substitute measures, the Federal Supreme Court found that these were proportional, particularly in temporal terms. The contact bans represented a lesser burden than pre-trial detention and were therefore appropriate. The extension of the contact bans until May 14, 2014 was considered proportional, as the overall burden for the appellant remained below that of a permissible pre-trial detention of up to 8 months.
Regarding the principle of expedition, the Federal Supreme Court found that…