Questione giuridica chiave
Whether the continued provisional detention remained proportionate under the expected sentence and the evidence available
Decisione estratta
The detention had become excessive because it was already very close to the likely custodial sentence and the alleged conduct was limited in scope; immediate release had to be ordered.
Motivazione estratta
The Court held that provisional detention may continue only while it is not very close to the concrete sentence expected upon conviction. Here, after more than seven months of detention, the alleged obstruction was brief and relatively minor, the appellant had no prior convictions, and the likelihood of a significantly increased charge appeared low. Detention therefore violated proportionality.