Questione giuridica chiave
Whether the constitutional complaint could request direct release from detention in addition to annulment of the cantonal decision.
Decisione estratta
Yes. In unlawful criminal detention cases, release may be ordered as a positive measure and is not barred by the cassatory nature of the complaint.
Motivazione estratta
If detention is unjustified, mere annulment does not restore the constitutionally required situation; a release order may therefore be sought directly.