Questione giuridica chiave
Whether a lack of insight into wrongdoing may justify an adverse prognosis under Art. 41 para. 1(2) StGB and bar early deletion of a criminal-record entry under Art. 49 no. 4 StGB.
Decisione estratta
Yes. The court held that the lower court could rely on the offender's lack of insight to deny an early deletion, without exceeding its discretion.
Motivazione estratta
Insight into the reprehensibility of the act is a primary prerequisite for lasting reform. A person who does not repent of the offense does not deserve the trust required both for conditional release and for early deletion of the criminal-record entry. Prior convictions may additionally support the negative prognosis.