Facts
The appellant [A.] was sentenced to 12 years' imprisonment by a Norwegian court for a NarcA offense and transferred to Switzerland for further execution of the sentence. During the interruption of the sentence, a criminal investigation was opened against him on suspicion of a crime under Art. 19 Abs. 2 NarcA. The appellant applied for early commencement of sentence, which was rejected. He lodged a complaint against this decision.
The Public Prosecutor's Office of the Canton of Solothurn and the Court of Appeal of the Canton of Solothurn denied the appellant's claim to early commencement of sentence. The Federal Court must now rule on the appellant's complaint.
Considerations
The Federal Court rules on the complaint against the decision of the Court of Appeal of the Canton of Solothurn. The appellant claims that he was wrongly denied early commencement of sentence. He argues that the investigative detention constitutes an exceptional situation and that it is therefore incorrect that early commencement of sentence is only considered in the preliminary proceedings if the accused is no longer needed for the proceedings.
The Federal Court states that early commencement of sentence is a coercive measure in criminal proceedings on the threshold between prosecution and execution of sentence. It is intended to enable the accused person to be offered improved opportunities for resocialization within the framework of the execution of sentence even before a final judgment is rendered. For the continued detention in the modalities of early execution of sentence, a special reason for detention, such as the risk of collusion, must still be present.
The Federal Court finds that the risk of…