Question juridique clé
Whether the public-law appeal against the refusal of provisional release was admissible despite lack of current interest
Solution extraite
The appellant no longer had a current and practical interest because pre-trial detention had ended after the conviction became final.
Motifs extraits
Under Art. 88 OJ, a public-law appellant must generally have a current practical interest. Since the detention challenged was pre-trial detention and the criminal judgment had become final, such detention could no longer be ordered in that proceeding; the appeal could not be used to challenge execution of the subsequent custodial measure.