Key legal question
Whether the defendant was entitled to a conditional sentence under Art. 42(2) StGB despite prior convictions and recidivism.
Extracted holding
No. The prior record, repeated relevant recidivism, offences committed during probation and after conditional release, and only ordinary personal progress did not amount to particularly favourable circumstances.
Extracted reasoning
For recidivists, favorable prognosis is not presumed. A conditional sentence is possible only if an overall assessment shows a justified prospect of probation despite recidivism. The defendant's long pattern of delinquency and lack of exceptional positive change outweighed the recent employment and family situation.