Questão jurídica principal
Whether the prisoner met the conditions for conditional release from a life sentence.
Decisão extraída
The court held that the existing psychiatric assessment and the 2003 PPD report remained a sufficient basis to deny conditional release because the prognosis stayed unfavorable and recidivism risk remained elevated.
Fundamentação extraída
Under Art. 38 StGB, conditional release from a life sentence is possible after 15 years, but only if the prisoner’s conduct and prognosis justify it. The lower court committed no abuse of discretion in relying on the detailed 1999 report, confirmed in substance by the 2003 PPD report, despite the prisoner’s improved behavior in custody.