Key legal question
Whether the constitutional complaint could be used to challenge the alleged violation of the speedy-trial guarantee in relation to sentencing.
Extracted holding
The complaint was not admissible for that purpose; the alleged failure to recognize a violation of the speedy-trial guarantee had to be raised in the federal nullity complaint because the defendant ultimately sought sentence reduction.
Extracted reasoning
Under the Court's then-current case law, an alleged failure to consider delay as a sentencing factor is reviewed with the nullity complaint, even if the cantonal court expressly denied a violation. The constitutional complaint cannot be used when the practical aim is sentence reduction rather than mere formal acknowledgment.