Facts
The FSCA has ruled on a case where a foreigner had been sentenced to two successive expulsions by different courts. The first expulsion of 5 years had been pronounced by the District Court of St. Gallen, then the second expulsion of 6 years by the Cantonal Court of Zurich. The FSCA held that the new provisions on expulsion (Art. 66a et seq. SCC) that entered into force on 1 October 2016 only apply if the decisive offence was committed after that date. The principle of non-retroactivity prevails, including for measures. Regarding the concurrence between the two expulsions, the FSCA applied the same principles as those developed under the former law (repealed Art. 55 SCC), namely that the expulsions must not be executed cumulatively but according to the principle of absorption. Thus, the shorter expulsion is included in the longer one.Considerations
The FSCA first recalled that the new provisions on expulsion (Art. 66a et seq. SCC) only apply if the decisive offence was committed after 1 October 2016, the date of their entry into force. The principle of non-retroactivity prevails, including for measures.
Regarding the concurrence between the two expulsions pronounced against the appellant, the FSCA applied the same principles as those developed under the former law (repealed Art. 55 SCC). Thus, the expulsions must not be executed cumulatively but…