Facts
The appellant [X.] , born on 25 February 1992, was taken into investigative custody on 17 September 2010. He is suspected of having committed various burglaries, further thefts, and property damage. On 7 October 2010, he requested release from investigative custody, as he believed the public prosecutor's office was not competent. The investigating judge at the Zurich District Court rejected the request and affirmed the special ground for detention of the risk of recidivism.
The appellant lodged a complaint and requested the reversal of the investigating judge's ruling and his immediate release from investigative custody. The Zurich District Court waived its right to comment, while the Zurich-Limmat Public Prosecutor's Office requested the dismissal of the complaint.
Considerations
The Federal Court examined the admissibility of the complaint and found that the appellant has a legally protected interest in the reversal of the contested decision and is entitled to appeal under Art. 81 Abs. 1 FSCA. The complaint is admissible against decisions of the last cantonal instance.
The Federal Court had to examine whether the Juvenile Criminal Law applies to the appellant with regard to investigative custody, although he has already completed his 18th year. It found that the juvenile criminal procedure remains applicable if proceedings against juveniles were initiated before the commission of the offense after completion of the 18th year became known.
The Federal Court concluded that the rules of the Juvenile Criminal Law are applicable and that the ordering of investigative…