Kernrechtsfrage
Whether conditional release must be granted under Art. 38(1) CP despite an unfavorable prognosis for the detainee after release.
Extrahierter Entscheid
Conditional release should be granted when final release is imminent in any event and the conditional release can be paired with a long-term supervisory measure that offers a more favorable prognosis than refusing release.
Extrahierte Begründung
Even without a favorable prognosis on post-release conduct, refusal is not justified if the person will in any case regain liberty shortly and conditional release allows an accompanying long-term patronage/supervision measure with a better preventive effect.