Questão jurídica principal
Whether continued security detention was justified despite the first-instance judgment and the time already spent in custody.
Decisão extraída
No. The detention had already approached and exceeded the sentence that could be expected if the first-instance judgment were upheld, and no concrete indication of a substantial increase on appeal was shown.
Fundamentação extraída
Under Art. 212(3) StPO, detention may not come close to the expected prison term. Where a first-instance judgment exists, the court must generally assess detention against that judgment and only maintain detention if concrete indications support a significantly higher appellate sentence. The prosecutor’s request for a higher sentence and the abstract statutory maximum were insufficient.