Facts
The Public Prosecutor's Office of Bern-Mittelland accused [E.] of having intentionally killed G. on December 26, 2011. [E.] was placed in pre-trial detention, but was released from custody with the decision of November 13, 2012 by the Compulsory Measures Court of the Canton of Bern, subject to alternative measures. The victim's relatives (A., B., C. and D.) then filed an appeal, as they had not been informed of the release from custody. The High Court of the Canton of Bern did not enter into the appeal, as only the arrested person and the public prosecutor's office are entitled to appeal against decisions on the imposition, extension and revocation of pre-trial detention.Considerations
The Federal Supreme Court decided that the private complainants are not entitled to challenge a decision on release from pre-trial detention, even if the detainee poses a danger to the life of other persons. The legally protected interest, as required by Art. 382 para. 1 CrimPC and Art. 81 para. 1 lit. b BGG for the appeal, may indeed arise from an invoked special fundamental right, such as the right to life. However, an extension of the right to appeal to the victim's relatives who assert civil claims is not required by…