Questione giuridica chiave
Whether the refusal of conditional release under Art. 86 StGB was lawful despite the appellant's conduct in prison and claimed equal-treatment arguments.
Decisione estratta
The refusal was lawful because no prognostic change had occurred and the negative special-preventive assessment still outweighed the appellant's prison behavior.
Motivazione estratta
Conditional release is the rule, but it requires a favorable overall prognosis. The court found no relevant change since the previous decision; the appellant's recent disciplinary incident and his criminal history supported an unfavorable prognosis. Any alleged unequal treatment versus a co-offender did not help because the situations were not identical and legality prevails over unlawful equal treatment.