Questione giuridica chiave
Whether the public complaint could seek immediate release despite the cassatory nature of public-law appeal
Decisione estratta
Yes. Immediate release was admissible because annulling the challenged decision would not by itself restore a constitutional situation; a positive order was needed if detention was unjustified.
Motivazione estratta
An exception to the cassatory effect applies when a positive measure is necessary, in particular where preventive detention is no longer justified.