Key legal question
Whether the refusal of conditional release from an institutional therapeutic measure was lawful
Extracted holding
The refusal was set aside because the lower court had not sufficiently assessed whether conditional release could be granted, given the duration of deprivation of liberty and the nature of the risk.
Extracted reasoning
The court held that conditional release requires a favorable prognosis, assessed with proportionality and the already served deprivation of liberty in mind. Since the offences were mainly property offences and the record did not clarify the concrete danger if drug use recurred, the matter required further instruction.