Appellate Court Decision on Provisional Criminal Confinement of Involuntarily Committed Individual

A defendant facing criminal charges for arson, suffering from polytoxicomania, was already under involuntary commitment (FFE) based on civil law due to his condition when the criminal court provisionally ordered his confinement under criminal procedure law. The appellate court ruled that while the criminal judge cannot generally waive ordering necessary pre-trial measures (§ 89bis StPO) in their final judgment, an exception exists when the accused is already subject to an FFE under civil law (Art. 397a ZGB) because the required element of *urgency* for the criminal procedural measure is lacking, provided the civil measure is not less stringent and the defendant does not pose a significant danger to others. The court upheld the appeal, setting aside the provisional criminal order while cautioning that civil authorities must notify criminal proceedings bodies if the patient is released to allow for immediate review of continued pre-trial detention needs.