Questão jurídica principal
Whether the refusal of conditional release under Art. 86 CP was lawful.
Decisão extraída
The refusal was lawful because the cantonal court could, without abusing its discretion, reach a negative prognosis based on the applicant's criminal history, personality, minimization of wrongdoing, and misconduct during leave.
Fundamentação extraída
Conditional release requires at least a non-negative prognosis. The authority properly considered all relevant factors and was not bound by positive prison-service opinions or by successful short leaves, especially since the applicant offended again during leave by driving while intoxicated.