Questão jurídica principal
Whether the refusal to allow anticipated execution of the sentence under Art. 236 CPP was unlawful because the appellant had appealed his conviction.
Decisão extraída
The appeal did not justify refusing anticipated execution; the cantonal court relied on an irrelevant reason and must reconsider the request promptly.
Fundamentação extraída
Art. 236 CPP gives discretion once the procedural stage allows it. The first-instance sentence must in principle be taken into account even if not final, and the remaining term was still compatible with anticipated execution. Anticipated execution can also replace security detention if proportionality so requires.