Facts
The appellant was sentenced to eight years in prison on 2 March 2005 for attempted homicide and attempted serious bodily harm. The execution of the sentence was suspended in favor of inpatient treatment in a sanatorium. After the expiry of the measure's duration, the convicted person was conditionally released from the sanction's execution on 23 December 2016 for a probation period of three years. The Security Directorate lifted the inpatient measure on 25 January 2018 due to a lack of prospects of success and applied to the Criminal Court for the subsequent detention of the convicted person in independent judicial post-proceedings.
The Criminal Court opened judicial post-proceedings regarding subsequent detention on 9 February 2018. The appellant was arrested in Sardinia on 7 March 2018 and extradited to Switzerland on 6 August 2018. The Coercive Measures Court rejected the application for an order of security detention, against which the Public Prosecutor's Office lodged an appeal that was upheld by the Cantonal Court.
The appellant now requests immediate release from detention, alternatively with an order of substitute measures. The Public Prosecutor's Office and the Cantonal Court request the dismissal of the appeal.
Considerations
The Federal Court must examine whether the order of custodial measures for security detention in the judicial post-proceedings is lawful. The appellant complains of a violation of his right to an independent and impartial detention court, a violation of the principle of legality, and…