Facts
In this case, the question was whether an expulsion from the country under Art. 66a of the Swiss Criminal Code (StGB) should be ordered for a Serbian national born and raised in Switzerland. The appellant was convicted of attempted aggravated assault and robbery.
The Federal Supreme Court had to decide whether, despite the commission of these catalogue offences, an expulsion from the country could be waived, as the appellant represented a personal hardship case and the public interests in the expulsion did not outweigh his private interests in remaining in Switzerland.
Considerations
The Federal Supreme Court concluded that in the present case, an expulsion from the country could be waived. Although the appellant met the requirements for a mandatory expulsion from the country, as he was convicted of catalogue offences, he represented a personal hardship case, as he was born and raised in Switzerland and has his entire social environment here.
In the balancing of interests pursuant to Art. 66a(2) of the Swiss Criminal Code, the appellant's private interests in remaining in Switzerland outweighed the public interests in his expulsion from the country. The Federal Supreme Court took into account that the attempted aggravated assault was an act in a mental state disturbed by alcohol and drug consumption, which cannot be classified as a classic…