Facts
By a judgment of July 8, 2013, the Criminal Court of the Canton of Geneva found A. guilty of several offenses and sentenced him to a custodial sentence of 32 months, with a partial suspended sentence of 24 months. The Public Prosecutor's Office appealed against this judgment, requesting that A. be sentenced to a fixed custodial sentence of 32 months.
On September 13, 2013, A. requested his release on the grounds that he had served the fixed part of the sentence. However, the President of the Criminal Appeals Chamber rejected this request, considering that there was a concrete risk of flight and that the Public Prosecutor's appeal had a good chance of success.
A. then filed a criminal appeal with the Federal Tribunal, challenging the competence of the authority that had ruled on his request for release and alleging a violation of the principle of proportionality.
Considerations
The Federal Tribunal dismissed the appeal. Regarding the competence of the authority that had ruled on the request for release, the Federal Tribunal considered that, although the literal interpretation of Art. 233 CCP was not respected, this internal organization of the Criminal Appeals Chamber aims to avoid any appearance of prejudice and does not contravene the spirit of this provision.
On the merits, the Federal Tribunal ruled that the continued detention was proportionate. Although the appellant was sentenced in the first instance to a sentence of 32 months with a partial…