Questão jurídica principal
Whether detention grounds under § 42 StPO must still be reviewed during voluntary early sentence service under §§ 47, 49 StPO.
Decisão extraída
No. While the detainee is serving the sentence voluntarily and has not requested release, the review of continuing detention grounds under § 47 StPO does not apply.
Fundamentação extraída
The purpose of early sentence service is a seamless transition from pre-trial detention to sentence execution and the benefits of uninterrupted confinement. The wording of § 49 StPO only maintains the applicability of § 48 StPO until final judgment; it does not require automatic release when detention grounds lapse.