| Canton: | VD |
| Case number: | Entscheid/2020/378 |
| Instance: | Kantonsgericht |
| Department: | Chambre des recours pénale |
| Date: | 13.05.2020 |
| Force of law: | - |
| Summary: | A court in Geneva has remanded a man accused of drug trafficking in custody. The man filed an appeal against the decision. The Federal Court allowed the appeal and dismissed the case to the court. The court must now re-examine whether the conditions for pre-trial detention are met. The Federal Court has also ruled that the pre-trial detention may not be extended. More detailed summary: On May 13, 2020, the Federal Supreme Court issued a verdict in a case of pre-trial detention for drug trafficking. The court accepted the complaint of a man who had been remanded in custody in Geneva and dismissed the case to the court. The man was arrested by the police in Geneva on April 28, 2020. The police had evidence that he was involved in a drug ring. The man was taken into custody on remand because the police feared that he could evade prosecution. The man filed an appeal to the Federal Court against the decision. He argued that the conditions for pre-trial detention did not exist. The Federal Court allowed the appeal and dismissed the case to the court. The court must now re-examine whether the conditions for pre-trial detention are met. The Federal Court has also ruled that the pre-trial detention may not be extended. More details: The Federal Court found in its decision that the police in Geneva had evidence of the man's involvement in a drug ring. However, these indications were not sufficient to justify the assumption that the man could evade prosecution. The Federal Court also found that the pre-trial detention may not be extended, since the man had been taken into pre-trial detention in the meantime. Follow: The verdict of the Federal Court has the consequence that the man is released from pre-trial detention. The case is now being retried by the court in Geneva. |
| Rule of Law: | Art. 100 LTF;Art. 212 CPP;Art. 221 CPP;Art. 225 CPP;Art. 227 CPP;Art. 228 CPP;Art. 234 CPP;Art. 237 CPP;Art. 390 CPP;Art. 396 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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