Key legal question
Whether a conditional sentence may be refused solely because the accused denied the offense
Extracted holding
Denial alone does not automatically prove lack of insight; a person who recognizes the wrongdoing but denies it for fear or other reasons not affecting rehabilitation is not for that reason alone unfit for conditional punishment.
Extracted reasoning
Insight into the wrongfulness of the act is a necessary prerequisite for lasting improvement and conditional execution, but lack of insight cannot simply be inferred from denial. For uniform application of the law, the cantonal court must explain in its judgment how the offender showed lack of insight so that the required degree of poor prognosis can be assessed.