Questão jurídica principal
Whether pretrial detention remained justified on the ground of repetition risk under Art. 221(1)(c) StPO.
Decisão extraída
The repetition-risk threshold was met only narrowly; given the warning effect of 3.5 months in custody, stable personal prospects, and the trial court's proximity to the facts, the appellate court's refusal of detention was still compatible with federal law.
Fundamentação extraída
Although the respondent had two relevant prior convictions and the new offences were of the same kind, the recent custodial experience had significant warning effect, and he had realistic prospects for lawful work and housing. In a borderline case, the Federal Court grants the cantonal court some discretion.