Facts
The appellant, [A.] , was charged with theft and trespassing as well as violations of the Narcotics Act and the Road Traffic Act before his 18th birthday. After his 18th birthday, he committed an attempted serious bodily harm. The juvenile prosecutor's office of the canton of Glarus conducted the criminal investigation and requested an extension of the pre-trial detention. The Cantonal Court of the canton of Glarus did not consider the request, as the pre-trial detention period would expire at the latest on February 6, 2015. The appellant appealed this ruling to the High Court, which dismissed the appeal.
The appellant filed a complaint with the Federal Court and requested that the contested decision be set aside and the case be referred back to the cantonal coercive measures court for substantive consideration. The juvenile prosecutor's office and the High Court commented on the complaint.
Considerations
The Federal Court examined the applicability of the JCrimPC in "mixed cases" where crimes were committed before and after the age of 18. It found that the JCrimPC is generally applicable if the juvenile criminal proceedings were already initiated before the crimes committed after the age of 18 became known.
The court found that the provision of Art. 3 para. 2 JCLA is partially contradictory or incomplete and that the court's practice must provide interpretative solutions. It decided that the JCrimPC is applicable since the juvenile criminal proceedings against the appellant were already underway before the new crime became known.
The Federal Court found that the cantonal authorities must observe the shorter deadline of the JCrimPC and that the refusal of the monthly periodic…