Questão jurídica principal
Whether continued detention pending the prosecutor’s appeal was proportionate despite the first-instance sentence and time already served.
Decisão extraída
The detention remained proportionate because the prosecutor’s appeal could plausibly lead to a longer sentence exceeding the threshold for partial suspended execution.
Fundamentação extraída
The court held that, for detention review, the suspended part of the sentence is generally not decisive. The first-instance judgment was only an indication; prima facie the appeal against the mitigating circumstance could succeed, potentially increasing the sentence beyond three years.