Facts

[A.] was sentenced by the District Court of Hinwil to 24 months' imprisonment for multiple threats and abuse of a telecommunications facility. He appealed, whereupon the High Court of the Canton of Zurich ordered an interlocutory judgment. On 14 March 2024, a "partial judgment" was issued, in which [A.] was found guilty of multiple threats and the proceedings for abuse of a telecommunications facility were discontinued. At the same time, the High Court ordered a new expert opinion and decided to continue the appeal proceedings to assess the criminal and measure consequences. At that time, [A.] was in early execution of the sentence.

On 11 June 2024, the High Court received an email from the Domestic Violence Unit of the Cantonal Police of Zurich, stating that the provisional end of the sentence would be reached on 20 June 2024 and that there was a theoretical possibility that [A.] could then be released, which raised the issue of preventive detention for the possibly treatment-requiring accused. Thereupon, [A.] was formally placed in preventive detention by presidential decree of 19 June 2024, with this detention being limited until the final decision of the appeal instance.

Considerations

The Federal Court states that the appellant has a right to be heard, which includes a prior oral hearing on the grounds for detention. Since the files do not show whether the appellant had the opportunity for an oral hearing in the previous detention review proceedings, the matter is to be remanded to…