Key legal question
Whether the refusal to release the appellant from safety detention violated proportionality because detention had become too close to the expected final sentence.
Extracted holding
The cantonal authority had to examine, on the basis of the first-instance sentence and the concrete detention already served, whether continued detention was still compatible with Art. 212 para. 3 CPP, including whether conditional release could be deemed immediately met.
Extracted reasoning
The detention judge must avoid encroaching on the merits judge, but cannot ignore that first-instance judgment is an important indicator of the likely final sentence. On the facts as found, the appellant had already served more than two thirds of the 18-month sentence, with no allegation of problematic prison conduct or negative prognosis; the lower authority could not simply exclude conditional release from the proportionality analysis.