Kernrechtsfrage
Whether the refusal of provisional release had to be annulled because the public prosecutor was not the proper authority to decide on detention once it opposed release.
Extrahierter Entscheid
The refusal was incompatible with the allocation of powers: if the MPC opposes provisional release, it must transmit the matter to the federal investigating judge for decision.
Extrahierte Begründung
Relying on its recent case law, the Court held that Art. 52(1) PP can be construed consistently with Art. 31(3) of the Constitution and Art. 5(3) ECHR only if the authority deciding the release request is different from the authority prosecuting the merits.