Decision on the Ordering of Pre-Trial Detention

Facts

The Public Prosecutor's Office of Winterthur/Unterland is conducting criminal proceedings against [A.] for various offences. [A.] has been arrested and released several times. On 15 April 2015, the Public Prosecutor's Office applied to the Compulsory Measures Court of the District of Bülach for the ordering of pre-trial detention, which was however rejected. The Public Prosecutor's Office then filed an appeal with the High Court of the Canton of Zurich, which upheld the appeal and ordered pre-trial detention. [A.] then filed a criminal appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court partially upheld the appeal. It concluded that the High Court had wrongly affirmed the ground for detention of risk of flight under Art. 221 para. 1 lit. a CrimPC. While the appellant's flight abroad or going into hiding within the country cannot be completely ruled out, there are currently no reasons that would suggest a flight is likely. The Federal Supreme Court set aside the decision of the High Court and remanded the case to the High Court for examination of the ground for detention of risk…