Questão jurídica principal
Whether the refusal of conditional release under Art. 38 StGB was lawful without prior psychiatric reassessment.
Decisão extraída
The refusal was lawful because the current prognosis was insufficiently established and a prior psychiatric assessment was justified.
Fundamentação extraída
Conditional release is the rule, but the authority may require a reliable overall prognosis. Given the serious offense, the mixed and still incomplete therapy record, and the relevant prison behavior, the authorities could insist on an independent psychiatric opinion before deciding on release.