As in all other cases, it must also be checked individually whether there are grounds for detention. In appropriate cases, this must now be made up for. The decision does not mean an automatic release.
The terrorist suspect who brought the case to the Supreme Court is not affected, according to the APA request in the Constitutional Court. He was no longer in custody before the decision was made and is currently on trial.
As stated in a broadcast by the Constitutional Court on Monday, the corresponding provision of the Code of Criminal Procedure violates the Federal Constitutional Law on the Protection of Personal Freedom (PersFrSchG) and is therefore unconstitutional. The repealed provision stipulated that pre-trial detention must be imposed if a crime is involved that is punishable by at least ten years’ imprisonment, unless all reasons for detention (risk of escaping, risk of committing or repeating a crime, risk of collusion) can be ruled out.
Now, as in cases with a lower penal threat, the following applies: Pre-trial detention may only be imposed if (in addition to other conditions such as strong suspicion of a crime) there is a risk of escaping, committing a crime or repeating the crime or risk of collusion.
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