Key legal question
Whether continued provisional detention remained proportionate after 25 months, given the sentence already pronounced and the positive conditional-release opinion.
Extracted holding
The detention had become disproportionate; the refusal to release was annulled and provisional release ordered.
Extracted reasoning
The court held that, in this special situation, the authority had to assess conditional release under Art. 38 CP. It could not disregard the positive opinion of the conditional-release commission without further clarification. In addition, the detention had already exceeded the first-instance prison term and was close to the likely appellate sentence, making the continued detention incompatible with proportionality.