Questione giuridica chiave
Whether early execution of sentence could be refused on the basis of collusion risk and equal treatment concerns among co-defendants.
Decisione estratta
The cantonal court's reliance on an abstract equal-treatment rationale was not persuasive; it had to reassess concretely whether early execution would still jeopardize the investigation and, if necessary, consider restrictive modalities.
Motivazione estratta
The supposed risk that two co-defendants might serve early execution in the same prison was only hypothetical. The court also failed to explain why the investigation would be materially compromised. However, a residual collusion risk can still justify limitations on execution conditions under Art. 236(4) CPP.