Question juridique clé
Whether the Federal Supreme Court should annul the lower court judgment because the release request had to be decided by the investigating magistrate rather than the Attorney General.
Solution extraite
Yes. Under the applicable procedural system, if the Attorney General opposes provisional release, the matter must be submitted to the federal investigating magistrate for decision.
Motifs extraits
The Court followed its recent case law on the division of powers over pretrial detention and held that Art. 52 para. 1 PP can be interpreted consistently with Art. 31 para. 3 of the Constitution and Art. 5 no. 3 ECHR when the authority deciding on release is not the same as the one prosecuting the case.