Questão jurídica principal
Whether the refusal to grant probation under Art. 41 CP violated federal law
Decisão extraída
No. Repeated drug offending, reoffending during the probation period, and continued illegal activity after arrest justified an unfavorable prognosis.
Fundamentação extraída
The cantonal court could rely on the defendant’s third drug conviction, his reoffending during the probation period, and his persistence in selling cannabis after being apprehended. His later assurances of reform were unconvincing because he had made similar assurances after the prior conviction and nevertheless reoffended.