Question juridique clé
Whether the refusal of conditional release under Art. 86 StGB should be set aside and the prisoner released.
Solution extraite
The appeal was unfounded because no prognostic improvement had occurred; the applicant had not yet proven himself in gradual prison loosenings and the risk to highly protected legal interests remained.
Motifs extraits
The court accepted that formal requirements were met, but held that the decisive prognosis had not changed since the last decision. Reports showed some cooperation and positive prison behavior, yet no sufficient basis existed to conclude that the applicant would comply with greater freedom in a conditional release setting.