Questione giuridica chiave
Whether the conditional release granted under the old Penal Code had to be revoked under Art. 89 CP
Decisione estratta
The new sentencing-execution rules applied, and revocation was lawful because the appellant committed serious new offenses during the probation period and the prognosis was unfavorable.
Motivazione estratta
Art. 388 CP and transitional provisions make the new release-regime applicable to old sentences. The appellant committed two offenses during probation, showing a tendency to offend. The appellate court could rely on his past violence and lack of genuine insight; no relevant element was omitted.