Issuance of arrest warrant

final judgment of condemnatory sentence

Abstract

The article examines the issuance of an arrest warrant before the final judgment of the condemnatory sentence, based on a habeas corpus judged by the Federal Supreme Court in favor of a defendant convicted at first instance. The exposition reconstructs the report and the votes cast, discussing the Court's jurisdiction, the merely devolutive effect of extraordinary and special appeals and the case law on provisional execution. The investigation analyzes whether the sentence conditioned the issuance of the warrant to the final judgment and whether, since the Public Prosecution Service did not appeal that part, the reviewing court could not reform it ex officio. The text concludes, by majority, by granting the order.