Key legal question
Whether police custody exceeding three hours can count as pretrial detention for compensation under Art. 429 CPP
Extracted holding
Detention lasting more than three hours may qualify as pretrial detention; the cantonal findings were insufficient to determine whether the questioned custody time had to be reduced by formal questioning.
Extracted reasoning
The court interpreted Art. 429 para. 1 let. c CPP in light of Arts. 51 and 110 para. 7 StGB and the CPP arrest rules. It held that an arrest exceeding three hours can amount to compensable pretrial detention, but interrogation time must be excluded from the calculation of retention time.