Questão jurídica principal
Which authority had to decide the detention-release request after the investigation file was sent to the federal prosecution?
Decisão extraída
The federal prosecution office should have decided in the first instance, but the appellate court did not remit because a prompt decision was required.
Fundamentação extraída
Once the file and final report had been sent to the prosecution with a request to indict, procedural control lay with the federal prosecution. However, Article 5(4) ECHR requires a speedy decision, so no remittal was ordered.