Question juridique clé
Whether the Federal Supreme Court could review the cantonal decision on the release request despite the exclusion of a StPO complaint
Solution extraite
The appeal was admissible as a statutory exception to the double-instance requirement because the cantonal president was the only cantonal authority to decide.
Motifs extraits
Under Art. 233, 222 and 380 StPO, release requests during appellate proceedings are decided by the appellate court's presiding judge and are not challengeable by StPO complaint; this permits direct recourse to the Federal Supreme Court.