Rejection of the Public Prosecutor's Application for Extension of Pretrial Detention

Facts

In this case, it was about an application by the Public Prosecutor's Office Brugg-Zurzach for a 3-month extension of the pretrial detention against [X.] . The Coercive Measures Court Rheinfelden initially extended the pretrial detention only until 25 February 2011. The Public Prosecutor's Office appealed against this order to the FSCA.

Considerations

The FSCA concluded that the Public Prosecutor's appeal against the detention decision of the Coercive Measures Court was admissible. According to the principle of unity of proceedings, the Public Prosecutor's Office as a party must be able to participate in the entire appeal proceedings up to the appeal to the FSCA. Excluding the Public Prosecutor's Office from the cantonal appeal proceedings would be problematic, as otherwise difficulties could arise if both the Public Prosecutor's Office and the accused challenged the detention decision.

However, the FSCA considered the…