Kernrechtsfrage
Whether the refusal of conditional release under Art. 86 StGB was lawful.
Extrahierter Entscheid
The refusal was unlawful; despite an adverse past, the prisoner's current conduct and differential prognosis did not justify continued detention.
Extrahierte Begründung
The court held that conditional release is the rule. The prisoner's conduct in custody was largely correct, and further imprisonment was unlikely to materially improve the prognosis. Given imminent return to Moldova, the risk of reoffending on conditional release was not higher than after full service of the sentence.