Art. 233 Schweizerische Strafprozessordnung (StPO) - Haftentlassungsgesuch während eines Verfahrens vor dem Berufungsgericht

BGE 151 IV 330 (Art. 233 StPO)

Security Detention Extension in Appellate Proceedings on Therapeutic Measure Review: Ex Officio Authority and No Mandatory Time Limit Under Swiss Criminal Procedure.

Basis for the court's conclusion that the possibility of a release request provides adequate procedural protection, justifying the absence of a mandatory time limit.

RBOG.2007.Nr.38 · tg (§ 233 StPO)

Fraudulent Lease Agreements and Admissibility of Evidence Under Prior Law

This provision is cited in the preamble alongside others relevant to the context of evidence, although the final order relies on reasoning about the non-retroactivity of procedural changes, linking to this concept.

CHAC.1999.3693 · ne (Art. 233 CPP)

Complainant v. Prosecutor Regarding Interruption of Limitation Period in Defamation Case

Cited to reinforce the argument that the lack of a right of appeal against the suspension order means it has the effect of an imperative legal regulation, thereby suspending prescription.

CN.2025.20 (Art. 233 CPP)

Defendant's Flight Risk Justifies Continued Detention Pending Appeal

Cited for the possibility for the detainee to apply for release at any time, and for the court's continuous duty to review detention conditions.

121----------- · vd (Art. 233 CPP)

Defendant's Request to Lift Travel Document Retention Denied Due to Flight Risk

Cited in the operative part (I) as a legal basis for the decision regarding the security measure request.

CN.2024.16 (Art. 233 StPO)

Detention Upheld for Drug Addict with Psychological Disorders Facing Therapeutic Measure

This provision is cited to note the possibility for the detainee to apply for release at any time and the court's duty to periodically review the detention grounds.

BH.2024.5 (Art. 230-233 StPO)

Pre-trial Detention Upheld Due to Risk of Reoffending

These provisions are cited in the dispositive as being applicable by analogy to the conditions for ordering security detention in the independent judicial follow-up procedure.

P2 24 29 · vs (Art. 233 StPO)

Appeal Detention for Convicted Foreign National

The right of the accused to file an application for release from custody is referenced in point 2.

388----------- · vd (art. 233 CPP)

Appeal Regarding Release Pending Expulsion After Partial Conviction Success

Cited by the President of the Penal Court of Appeal as the legal basis for deciding on the request for release.

353----------- · vd (art. 233 CPP)

Appellant's Request for Immediate Release Denied Pending Appeal Conclusion

Cited in the final orders as the procedural basis for the decision on the request for release.

Jug.2023.59 · vd (art. 233 CPP)

Substitution of Detention Granted Based on Proportionality

Cited as a procedural basis for the jurisdiction of the appellate court to rule on requests for release.

102----------- · vd (art. 233 CPP)

Appellant Detention Pending Appeal: Flight Risk Assessment

This article provided the procedural basis for the decision on the request for release pending trial/appeal.

Jug.2022.420 · vd (art. 233 CPP)

Detention Justified Due to Flight Risk Following Conviction and Expulsion Order

Cited in the ruling section as a basis for the President of the Criminal Appellate Court to rule on the request for release.

Jug.2022.205 · vd (art. 233 CPP)

Appellant's Request for Release Rejected Due to High Recidivism Risk

Cited in the final orders as a basis for rejecting the request for release (and confirming its non-appealable nature).

CN.2022.3 (art. 233 CPP)

Defendant's Detention Upheld Due to War Crime Suspicion and Flight Risk

Cited to state that the accused can at any time apply for release and that the court must ex officio ensure legal conditions for detention are met.