Questão jurídica principal
Whether anticipatory execution of the sentence under Art. 236 CPP could be granted despite an alleged collusion risk.
Decisão extraída
Anticipatory execution had to be refused because a concrete and substantial risk of collusion remained, compromising the purpose of detention and the needs of the investigation.
Fundamentação extraída
Anticipatory execution is a coercive measure at the boundary between prosecution and sentence execution and must not undermine investigative safeguards. Here, the appellant still challenged most convictions and had sought to hear numerous witnesses, including foreign nationals linked to the alleged trafficking network. Those circumstances supported a concrete risk of prejudicial contacts.