Kernrechtsfrage
Whether the public prosecutor had to seek the second detention extension from the appellate court while a detention appeal was pending
Extrahierter Entscheid
No. The detainee’s second extension request had to be filed with, and decided by, the coercive measures court under the Code of Criminal Procedure.
Extrahierte Begründung
The statutory jurisdiction of Art. 227 and Art. 18 StPO is clear; the appellate court hears complaints, not first-instance detention-extension requests. Departing from this scheme would also violate the constitutional right to the lawful judge and the procedural legality of deprivation of liberty.