PROVISIONAL EXECUTION OF THE SENTENCE: GUARANTEE OF THE EFFICACY OF THE SENTENCE OR VIOLATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE?

Abstract

This article aims to analyze the possibility of imprisonment after the judgment in the second instance and before the final judgment of the criminal conviction within the scope of the national legal system. To this end, cases in which the higher courts have expressed their views on the matter are presented, demonstrating the jurisprudential divergences on the topic. The study also highlights the main doctrinal currents that permeate the discussion, as well as the applicable legislation, in order to provide sufficient arguments for the critical analysis presented on the subject, in which the constitutionality of the provision that the penalty can only begin after the final judgment of the criminal conviction is defended.