Kernrechtsfrage
Whether the defendant could be held in security detention pending the prosecution's appeal after the first-instance court refused the measure.
Extrahierter Entscheid
The appeal court lawfully maintained security detention under Art. 231(2) StPO because the first-instance release after refusal of the measure was equivalent to release, and the detention grounds still had to be assessed independently.
Extrahierte Begründung
The juvenile court was not competent to order deportation detention, and it had not ordered security detention at all. Once the prosecution announced appeal and requested continuation of detention, the defendant had to be temporarily kept in custody by law. The appellate court could independently reassess the likelihood of a measure and repeat-offending risk.