Question juridique clé
Whether refusal of conditional release under Art. 38 CP violated federal law
Solution extraite
No. The cantonal authority made a proper overall prognosis and could deny release because of the seriousness of the offences, the lack of reliable information about the applicant, his poor cooperation, the absence of ties to Switzerland, and the high risk of reoffending or evading expulsion.
Motifs extraits
Conditional release is the rule but may be refused where the prognosis is clearly negative. Good conduct in prison is only one factor and cannot outweigh the overall risk assessment.