Facts
On January 25, 2011, the Prosecutor of the East Vaud District initiated criminal proceedings against A. for coercion, sexual acts with children, rape and attempted commission of these offenses, as well as violation of the Federal Act on Narcotics and Psychotropic Substances. On the same day, the prosecutor requested the Compulsory Measures Court of the Canton of Vaud (TMC) to order pre-trial detention for reasons of public safety.
By decision of February 3, 2011, the TMC rejected the request for pre-trial detention and ordered the immediate release of the accused, considering that the accused's criminal record did not amount to a serious violation of sexual integrity and did not involve a serious danger to the safety of others. The Attorney General of the Canton of Vaud then filed a criminal appeal against this decision.
Considerations
The Federal Tribunal first examined the admissibility of the appeal. It considered that, although Art. 222 CrimPC does not expressly provide for an appeal by the public prosecutor's office against a release decision, such a right of appeal must be recognized at the cantonal level.
Indeed, Art. 111 LTF establishes the principle of unity and consistency of the procedure and requires that the status of a party to the proceedings before any previous cantonal authority be recognized to anyone who has the right to appeal to the Federal Tribunal. Furthermore, the exclusion of a cantonal appeal for the public prosecutor's office could…