Facts
The case concerns an individual, A., born in 1994, who was the subject of a criminal investigation for intentional homicide and other offenses. He was placed in provisional detention on 30 November 2022 by the court of coercive measures of the Zurich district. On 21 November 2023, A. requested his release, which was rejected by the court of coercive measures. The decision was confirmed by the higher court of the canton of Zurich on 8 January 2024.
On 4 January 2024, the public prosecutor's office filed a complaint against A. for intentional homicide and other offenses. A. was accused of having fatally stabbed a person on 27 November 2022 in Uster.
A. filed an appeal against the decision of the higher court with the Federal Court, requesting his immediate release or, alternatively, substitute measures for detention.
Considerations
The Federal Court examined the decision of the higher court and found that the qualified risk of recidivism was well-founded. The court considered that the following elements justified provisional detention: the severity of the offense, the probability of recidivism, and the need to protect the safety of others.
The Federal Court also examined the question of whether substitute measures for detention were possible. However, it found that the measures proposed by A., such as regular alcohol and THC tests and the obligation to follow a regular job, were not sufficient to prevent the risk of recidivism.
As a result, the Federal…