Questione giuridica chiave
Whether the appellant had to be released from early execution of sentence because continued detention amounted to excessive detention.
Decisione estratta
No release was required; the detention had not yet approached the concretely expected custodial sentence closely enough.
Motivazione estratta
The court held that conditional release under Art. 86(1) StGB is only considered when it is already highly likely. Given the appellant's repeat offending and the pending prosecutor appeal, the district court rightly declined to take conditional release into account.