Questione giuridica chiave
Whether conditional release from the institutional therapeutic measure had to be granted.
Decisione estratta
No. The medical assessments still showed a serious mental disorder and a significant risk of reoffending, so no favorable prognosis could be made.
Motivazione estratta
Art. 62 CP requires a sufficiently favorable prognosis, not cure. The experts described chronic schizophrenia, substance dependence, poor treatment adherence, and continued dangerousness, including arson incidents in detention.