Questione giuridica chiave
Whether the refusal of conditional release under Art. 86 StGB was lawful
Decisione estratta
Yes. The appellant still lacked a sufficiently favorable prognosis; his prison and treatment conduct, limited insight, and the risk of further serious offences justified refusal.
Motivazione estratta
The court accepted the formal prerequisites but held that the overall assessment of prior offending, personality, conduct in custody, cooperation failures, and social setting supported a negative prognosis. Mere abstinence, remorse, and assurances to change were insufficient.