Facts
Parties: Appellant A. (born 2002) against Public Prosecutor's Office I of the Canton of Zurich.
Facts: A. is accused of having committed several robbery offenses in September 2023. He was arrested on September 28, 2023, and placed in pretrial detention on October 2, 2023. The detention was extended several times. A. applied for release from detention, which was denied. The Higher Court of the Canton of Zurich dismissed his appeal.
Main issue: A. lodges an appeal with the Federal Supreme Court against the decision of the Higher Court and specifically objects to the use of a forensic-psychological findings report to assess the risk of recidivism, which was obtained without complying with the provisions on expert opinions (Art. 182 ff. CrimPC) and without granting the right to be heard.
Considerations
The appellant criticizes that the forensic-psychological findings report of June 5, 2024, which was used to assess the risk of recidivism in the detention proceedings, did not comply with the provisions on expert opinions (Art. 182 ff. CrimPC). He argues that the report was obtained too late, unilaterally, and without granting the right to be heard.
The lower court takes the position that the findings report is not a psychiatric opinion but a preliminary risk assessment with intervention recommendations. It states that such reports serve as a first, preliminary assessment and must be carried out within a short time in accordance with the principle of expedition. The lower court sees no violation of the right to be heard, as the appellant was informed about the preparation of the report and had the opportunity to comment on it.
The Federal Supreme Court finds that the findings report exceeds the purpose and scope of…