Questão jurídica principal
Whether the appellant qualified for conditional release under Art. 38 Ziff. 1 Abs. 1 StGB
Decisão extraída
The prognosis for a law-abiding life in Switzerland was negative; conditional release was therefore not unlawfully refused unless linked to deportation.
Fundamentação extraída
The courts relied on the appellant's history of violence, a serious dissocial personality disorder, and a high risk of reoffending against his ex-wife and son. They held that future conduct in Switzerland did not support a favorable prognosis.