Question juridique clé
Whether the denial of conditional suspension of the prison sentence violated Art. 41 StGB because the prognosis was allegedly favorable.
Solution extraite
No. The lower court did not misapply federal law in finding that the defendant’s prior convictions, persistent offending, unstable social situation, and insufficient signs of genuine change justified an unfavorable prognosis.
Motifs extraits
The Federal Court reiterated that prognosis under Art. 41 StGB requires an overall assessment of all relevant circumstances and that the trial court enjoys considerable discretion. It found the lower court’s weighting of the defendant’s extensive criminal history, weak rehabilitative prospects, and lack of convincing personal and professional stabilization to be sustainable.