Questão jurídica principal
Whether the new transitional rules of the revised Criminal Code applied immediately to the appellant's conditional release from measures detention.
Decisão extraída
Yes. Under the transitional provisions, the new provisions on measures also applied to persons convicted before entry into force; because the appellant had not yet fully served his sentence, he was no longer in measures detention but in prison execution, so the court that had ordered the measure was competent.
Fundamentação extraída
The Court upheld the lower court's view that the statutory transitional rule clearly made the new law applicable from 1 January 2007 and that the appellant's arguments did not rebut this clear legal framework.