Interim suspension of custodial sentence execution where remaining penalty is minimal and execution disadvantages outweigh public interest

The Federal Constitutional Court (2nd Senate, 1st Chamber) granted the constitutional complaint and ordered the repetition of a previous interim measure for six months, pending the final decision on the main merits, thereby prevailing for the complainant and suspending the execution of their imprisonment. The case involved a constitutional complaint challenging the enforcement of a remaining custodial sentence, where the applicant argued that the health or personal hardships associated with incarceration outweighed the public interest in execution due to the very small balance of the sentence. The decision rests on the legal doctrine of interim relief in constitutional complaints, specifically the requirement that the adverse effects of full sentence execution must clearly outweigh the public interest in enforcement, a threshold met here given the minimal remaining punishment.