Whether the refusal to authorize anticipatory execution of a custodial sentence under Art. 236 CPP was lawful.
The refusal was lawful because concrete collusion risk remained due to an unidentified accomplice and the communication possibilities inherent in sentence execution.
Anticipatory execution is excluded when the stage of proceedings still requires protection of evidence or when concrete collusion risks persist. Here, the defendant could contact the still-unidentified accomplice through freer communication channels in prison.