The Federal Supreme Court has significantly restricted pre-trial detention due to the risk of reoffending

In its decision (BGE 151 IV 185), the Federal Supreme Court clarified that pre-trial detention due to a simple risk of reoffending, as defined in Art. 221 para. 1 lit. c StPO (Swiss Criminal Procedure Code), is now only permissible under strict conditions. It is no longer sufficient for similar offences to have been committed with a high degree of probability, nor for them to be the subject of ongoing criminal proceedings. Instead, this ground for detention requires that the accused has already been convicted at least twice for similar offences. The Federal Supreme Court is thus expressly abandoning its previous practice.

This decision strengthens the presumption of innocence and limits the use of preventive pre-trial detention, which is a serious encroachment on personal freedom. Without two final convictions, detention may not be ordered on the grounds of a simple risk of reoffending. In such cases, other grounds for detention or milder alternative measures may only be considered.