Question juridique clé
Whether the refusal of conditional release under Art. 86 StGB was lawful despite fulfilled time requirement and good conduct in prison.
Solution extraite
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.
Motifs extraits
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.