Facts

Parties:

  • Appellant: [A.]
  • Respondent: Public Prosecutor's Office of the Canton of Basel-Stadt

Facts:

  • The Public Prosecutor's Office of Basel-Stadt is conducting a criminal investigation against [A.] for various offenses, including violations of the Narcotics Act, violence and threats against authorities and officials, and multiple thefts.
  • [A.] was arrested on May 31, 2022, but released on June 3, 2022. On June 4, 2022, he was rearrested, and pretrial detention was ordered until August 2, 2022.
  • The Appellate Court of Basel-Stadt dismissed the appeal against the detention order.
  • [A.] filed an appeal with the Federal Supreme Court, which was referred by the Appellate Court to the Federal Supreme Court.

Considerations

The Federal Supreme Court examines the appeal against the order of pretrial detention. It finds that the appellant is entitled to file an appeal under Art. 81 para. 1 FSCA. In cases of criminal procedural detention, the Federal Supreme Court reviews the interpretation and application of the CrimPC freely, while it only intervenes in matters of fact if the factual findings are obviously incorrect or are based on a violation of the law.

The Federal Supreme Court notes that the appellant barely engages with the challenged decision and his reasoning does not meet the requirements of Art. 42 para. 2 FSCA. Nevertheless, the Federal Supreme Court examines the appeal, as the detention order is based on a pressing suspicion of guilt and the risk of recurrence. The previous instance has affirmed the existence of a pressing suspicion of guilt and the special ground for detention of the risk of recurrence.

The Federal Supreme Court confirms that the previous…