Federal Court Ruling – Known criminal Brian remains in custody – News

Brian’s appeal is unsuccessful: but the federal court demands a new risk assessment of the offender.

Last October there were many indications that the best-known Swiss criminal would be released. Because in the Brian case there was a risk of so-called over-arrest. This means that the duration of his detention is already longer than the imprisonment to be expected in the corresponding proceedings. From this point of view, the preventive detention was no longer proportionate according to the judiciary.

However, nothing came of the dismissal. The Zurich public prosecutor’s office initiated a new procedure. Brian has been charged with 33 counts, primarily for offenses including attempted aggravated assault, which he is said to have committed while in custody. For example, he is said to have smashed the safety glass of the cell door, thrown a fragment of it in the direction of the slightly open cell door and injured a guard in the head. Pre-trial detention was ordered against Brian and the federal court has now supported this decision.

Pre-trial detention is legal because of the risk of recidivism

Brian had defended himself against the pre-trial detention up to the last legal instance. The reason given by the Supreme Court for the pre-trial detention, namely a high risk of recidivism, is questionable, it said on the part of his lawyers. With this imprisonment, the Zurich judiciary is depriving Brian of any chance of a life in freedom.

According to the announcement, the Federal Supreme Court assesses the situation in the same way as the Zurich High Court. Brian had previously committed serious crimes and the relapse prognosis based on a psychiatric report was also unfavorable.

According to the expert opinion, Brian takes an ongoing oppositional stance, regardless of the consequences. He regularly escalates his behavior – be it to be transferred to another institution or to cause as much damage as possible to the system he classifies as hostile. Due to these circumstances, there is a significant risk that the person concerned will commit similar violent crimes again, according to the Federal Supreme Court.

New report on the potential for violence

However, in addition to the High Court, the Federal Court now also states that a new risk assessment must be made for a possible extension of detention. The psychiatric report, which assumes a high risk of recurrence, dates from 2019 and must therefore be updated. The Supreme Court has already instructed the public prosecutor’s office to immediately obtain a new risk assessment.