Jurisdiction for the assessment of a request for release from detention after the judgment has become final

Facts

The proceedings concern the jurisdiction for the assessment of a request for release from detention after the judgment has become final. The defendant, [X.] , was sentenced by the High Court of the Canton of Bern to a prison term of three years for multiple serious bodily harm. In addition, a stationary therapeutic measure and a stationary addiction treatment were ordered. The 1st Criminal Chamber of the High Court ordered the continuation of pre-trial detention. After the Federal Court dismissed an appeal in criminal matters filed by [X.] , [X.] applied for release from pre-trial detention. The Department of Penal and Administrative Sanctions of the Canton of Bern forwarded the request to the 1st Criminal Chamber of the High Court, which, however, declared itself incompetent and rejected the request back to the Department of Penal and Administrative Sanctions.

The Public Prosecutor's Office of the Canton of Bern filed an appeal in criminal matters and requested that the decision of the 1st Criminal Chamber of the High Court be set aside and the case be referred back to the 1st Criminal Chamber for a decision on the request for release from detention. The respondent, [X.] , was again in pre-trial detention during the proceedings before the Federal Court.

Considerations

The Federal Court had to decide whether the 1st Criminal Chamber of the High Court or the Department of Penal and Administrative Sanctions of the Canton of Bern was competent to assess the request for release from detention. The lower court argued that with the entry into force of the judgment, the criminal procedure law ended and the provisions regarding the execution of penalties and measures became applicable. The appellant argued that the message on the unification of criminal procedure law stated that the Code of Criminal Procedure must also contain regulations that apply beyond the entry into force of the judgment.

The Federal Court found that the Code of Criminal Procedure does not contain any provision regarding release from detention ordered pursuant to Art. 440 CrimPC. If, for the…