Daniel Jositsch is an SP Councilor of States and an experienced criminal law professor.Image: keystone
The release from custody of Jacques Moretti, the owner of the Unhappiness Bar in Crans-Montana, caused outrage beyond the country’s borders. According to Daniel Jositsch, the Valais justice system is proceeding correctly.
01/25/2026, 07:14January 25, 2026, 07:38
Jositsch gave his assessment at the request of the Tagesanzeiger away. The Zurich SP Council of States and criminal law professor considers the release of Jacques Moretti, who was released from custody under strict conditions last week, to be plausible. Based on the information he knows, there is no reason to continue detaining Moretti, said the politician.
Jositsch said he was already surprised that pre-trial detention had even been ordered. As a rule, this should only be ordered for serious crimes – despite the devastating consequences of the Crans-Montana fire disaster, the negligent homicide that the Morettis are suspected of is not such on a legal level.
The SP politician believes that the fact that the Morettis could be investigated for intentional homicide and that the ordering of pre-trial detention would be justified is “nonsense”. There would have to be a suspicion that the bar owners were fully aware of accepting such a catastrophe. That is hardly imaginable.
The treatment of Jacques Moretti and his wife Jessica is causing excitement and outrage in Switzerland, but also in neighboring countries. Sharp criticism of the Valais judicial system is spilling over the border, particularly from Italy, which has also suffered six young deaths.
Italy’s Prime Minister Giorgia Meloni also recently made a decisive statement. The Italian government is “deeply outraged” at how the Swiss justice system is dealing with the accident. Meloni called for “respectful measures” in response to the dismissal of Jacques Moretti. She even felt compelled to summon the Italian ambassador to Switzerland to Rome for a consultation on the Crans-Montana case.
Giorgia Meloni openly criticizes the Swiss authorities.Image: keystone
Daniel Jositsch describes Meloni’s statements as “very populist”. He believes it is right that “the Swiss criminal authorities do not simply put people in prison due to public pressure, but rather examine the case in a constitutional procedure.” The Federal Council had also previously pointed out the strict separation between the judiciary and politics, but at the same time expressed understanding for the indignation.
Shortly after the tragedy, the Valais authorities were accused of reacting to public pressure. After the Morettis initially remained at large, the Valais judiciary ordered them into pre-trial detention more than a week later – without the initial situation having changed significantly.
There is also criticism of the authorities due to several failures and negligence in the investigation. For example, victims’ lawyers sharply criticized the fact that the Morettis’ cell phones were not initially confiscated – this would have given them the opportunity to make potentially incriminating material disappear. Conflicts of interest at the community level immediately after the accident that became known last week also caused criticism. More information about this can be found here:
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