Kernrechtsfrage
Whether the late filing of the detention-extension request made continued detention unlawful under Art. 5(1) ECHR and Art. 31(1) BV.
Extrahierter Entscheid
The request was filed one day late, violating the prescribed procedure, so the appellant's right to liberty was infringed; the violation was to be formally declared.
Extrahierte Begründung
The filing deadline in § 113d(2) StPO/TG is an ordering rule, not a forfeiture rule. The late filing did not require release because the substantive grounds for detention remained present, but it did mean the liberty deprivation after 27 February 2010 was not carried out in the legally prescribed manner.