Kernrechtsfrage
Whether the refusal of conditional release under Art. 86 StGB was lawful despite fulfilled time requirement and good conduct in prison.
Extrahierter Entscheid
Yes. The decisive factor was a negative overall prognosis, based on the applicant's extensive prior convictions, repeated reoffending after previous conditional releases, limited distancing from his offences, and uncertain post-release living circumstances.
Extrahierte Begründung
Art. 86 StGB requires not only two-thirds service and proper prison conduct, but also that further offences are not to be expected. The court held that prognosis must be based on a global assessment; good prison conduct alone cannot outweigh strong indicators of recidivism.