Key legal question
Whether the refusal of conditional release under Art. 86 CP was lawful despite good prison conduct and completion of two thirds of the sentence.
Extracted holding
The refusal was lawful because, based on an overall assessment of the relevant factors, there remained a serious risk of reoffending and the prognosis was not favorable enough for release.
Extracted reasoning
Conditional release is the rule and refusal the exception, but the authority may deny release when a negative prognosis is justified by a global assessment of the offender’s antecedents, personality, conduct, family and housing situation, and prospects after release. Here the applicant had no lawful residence status, planned to remain in Switzerland or nearby countries, had only clandestine work prospects, and had shown only limited insight into his offenses.