Questão jurídica principal
Whether X. was entitled to compensation for unjustified detention under Art. 429 para. 1 lit. c CPP after the second-instance partial acquittal
Decisão extraída
Yes. The compensation claim was based on Art. 429 para. 1 lit. c CPP because the detention became unjustified once the appeal led to partial acquittals.
Fundamentação extraída
The complainant's appeal suspended finality of the first judgment, and the appellate court had to decide the contested counts anew. By rejecting the appeal, it materially issued a new judgment including partial acquittals. The detention had been extended in view of the possible success of that appeal, so the later partial acquittal triggered compensation for moral harm.