Question juridique clé
Whether the refusal to transfer the accused to an open prison violated Art. 76 StGB
Solution extraite
The complaint failed; the provisions on execution of final sentences did not govern pre-trial custody, and in any event open custody requires no flight risk.
Motifs extraits
The applicant was in procedural detention under cantonal law via early commencement of sentence, not in sentence execution after final conviction. The cantonal rule requiring absence of flight risk was consistent with the analogous federal rule for open execution.