Questione giuridica chiave
Whether the public law appeal request for immediate release was admissible despite the cassatory nature of the remedy.
Decisione estratta
Immediate release could be ordered exceptionally because, if detention was unjustified, a merely annulatory judgment would not restore the constitutional situation.
Motivazione estratta
A positive measure is permitted where the constitutional violation concerns unlawful preventive detention and simple annulment would be insufficient.