Questione giuridica chiave
Conditional release from the institutional therapeutic measure
Decisione estratta
The cantonal decision had to be annulled and the case remitted because the file did not contain sufficient current facts to assess proportionality and the prognosis for conditional release.
Motivazione estratta
The authorities relied on improvement reports and on the absence of prior relaxation measures, but they did not establish the concrete risk of flight or recidivism required for continued confinement in a closed setting, nor could the lack of earlier relaxations be held against the applicant where it resulted from circumstances not attributable to him.