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375 points begueradj | 1 comments | | HN request time: 0s | source
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randomtoast ◴[] No.45666384[source]
By the way, this is not possible in the U.S and in many other countries. When someone is convicted of a crime, they don’t usually start serving a prison sentence until the case is final. If they appeal, the sentence is automatically paused or can be stayed by the court. In practice, this means you don’t go to prison (unless you are already in preventive detention because of flight risk or danger) while your case is still being fought in higher courts.
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diath ◴[] No.45671568[source]
What do you mean? You can get detained and held in jail without bail until sentencing if the court orders it.
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1. randomtoast ◴[] No.45679058[source]
If you re-read my comment carefully, you will see that I already mentioned that possibility: "unless you are already in preventive detention due to flight risk or danger." However, if you are not in jail, as was the case with Sarkozy, you cannot be sent to prison in the U.S. after receiving a sentence from a lower court while the case is still open and pending in higher courts on appeal.

In France, however, there is a special law, although rarely used, that allows a sentence to be enforced even if the judgment is not yet final.