Jugement Kantonsgericht (VD - Entscheid/2020/182)

Canton:	VD
Case number:	Entscheid/2020/182

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/182 vom 06.03.2020 (VD)

Date:	06.03.2020
Force of law:	-

Summary:	The defendant P.________ was charged by the Public Prosecutor's Office of the Canton of Zurich on suspicion of the rape of U.________. The court of compulsory Measures ordered the pre-trial detention of the accused, as it saw a risk of escape, the darkening of the investigation and the commission of further crimes. P.________ filed a complaint against this order. The Federal Court dismissed the appeal and confirmed the order of pre-trial detention. The Federal Court found that the order of pre-trial detention was justified because there was a sufficient suspicion of the crime and there was a risk that the accused would evade prosecution, hinder the investigation or commit further crimes. More detailed summary Facts of the case On February 17, 2020, U.________ filed a complaint with the police against P.________ for rape. She stated that P.________ raped her in her apartment on February 16, 2020. Decision of the Compulsory Measures Court The Forced Measures Court ordered the pre-trial detention of the accused on February 19, 2020. It found that there was sufficient suspicion of the crime and that there was a risk that the accused would evade prosecution, hinder the investigation or commit further crimes. Complaint of the defendant P.________ filed a complaint against this order. He denied the crime and found that the conditions for pre-trial detention did not exist. Decision of the Federal Court The Federal Court dismissed the appeal and confirmed the order of pre-trial detention. It found that the suspicion of the crime was sufficient on the basis of the testimony of the injured and the traces at the scene. It was also convinced that there was a risk that the defendant would evade prosecution, hinder the investigation or commit further crimes. Justification The Federal Court found that the testimony of the injured party was credible. She gave a detailed and consistent sequence of events. The traces at the crime scene, such as blood traces and DNA traces of the accused, confirmed the testimony of the victims. The Federal Court was also convinced that there was a risk that the defendant would evade prosecution. He had no fixed housing conditions and had already been convicted of criminal offenses in the past. In addition, the Federal Court considered that there was a risk that the defendant would interfere with the investigation. He had already tried to influence the victim to withdraw her statement. Finally, the Federal Court considered that there was a risk that the accused would commit further crimes. He had already committed crimes in the past, including violent crimes. Follow The accused remained in pre-trial detention. The case against him has not yet been completed.
Rule of Law:	Art. 100 LTF;Art. 135 CPP;Art. 212 CPP;Art. 221 CPP;Art. 237 CPP;Art. 385 CPP;Art. 390 CPP;Art. 396 CPP;Art. 422 CPP;Art. 428 CPP;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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