Questione giuridica chiave
Whether the refusal of anticipatory execution of sentence violated Art. 236 CPP
Decisione estratta
No. A concrete and elevated collusion risk still existed, and the investigation was not yet at a stage where the accused's presence was no longer needed for evidence-taking.
Motivazione estratta
Anticipatory execution under Art. 236 CPP is possible only if the stage of the proceedings allows it. Where a specific collusion risk persists and the needs of the investigation would be compromised, the measure must be refused because the penitentiary regime is less effective than preventive detention to prevent collusion.