Facts
The appellant [A.] (born 1995) was arrested on 15 October 2016 on suspicion of simple assault and threat. On 18 October 2016, the Compulsory Measures Court of the Canton of Aargau dismissed a request by the Zofingen-Kulm Public Prosecutor's Office to place [A.] in remand custody. The Public Prosecutor's Office then appealed to the High Court of the Canton of Aargau. The High Court upheld the appeal on 21 November 2016, set aside the decision of the Compulsory Measures Court, and ordered that [A.] be placed in remand custody for a provisional period of three months. It justified this by stating that the accused was strongly suspected of driving without a licence and of a serious traffic offence, and that there was a risk of reoffending.Considerations
The Federal Supreme Court partially upheld the appeal. It found that the deprivation of liberty of the appellant from 28 October 2016 to 21 November 2016 was not based on a judicial decision that met the legal requirements under Art. 31 para. 1 Cst. and Art. 5 para. 1 ECHR. This was because, with the withdrawal of the criminal charges by the injured party [B.] on 27 October 2016, the procedural requirements for the…