Kernrechtsfrage
Whether the refusal of conditional release under Art. 86 CP was lawful.
Extrahierter Entscheid
The refusal was lawful because the cantonal court could, without abusing its discretion, reach a negative prognosis based on the applicant's criminal history, personality, minimization of wrongdoing, and misconduct during leave.
Extrahierte Begründung
Conditional release requires at least a non-negative prognosis. The authority properly considered all relevant factors and was not bound by positive prison-service opinions or by successful short leaves, especially since the applicant offended again during leave by driving while intoxicated.