Questão jurídica principal
Whether the refusal of provisional release by the federal prosecutor had to be decided by the federal investigating judge instead.
Decisão extraída
Yes. The prosecutor had to transmit the request for release to the federal investigating judge because the authority opposing release was not the same as the one prosecuting the merits.
Fundamentação extraída
The Court applied its recent case law and held that Art. 52 para. 1 PP can be construed consistently with Art. 31 para. 3 of the Constitution and Art. 5 no. 3 ECHR only if the authority deciding on release is distinct from the prosecuting authority.