Facts
The appellant, [A.] , was sentenced to a prison term of 12 months with a suspended sentence and a probation period of 2 years for a qualified violation of the Narcotics Act and a violation of the Narcotics Act. Furthermore, an expulsion from the country for 5 years and its entry in the Schengen Information System (SIS) were ordered.
[A.] requests with a complaint in criminal matters that numbers 5 and 6 of the judgment of June 28, 2021, be revoked and that the expulsion from the country and its entry in the SIS be waived.
The appellant claims that the lower court wrongly denied the existence of a hardship case and failed to examine a potential violation of Art. 8 para. 1 ECHR.
Considerations
The FSCA examines its jurisdiction and the other prerequisites for admission of its own motion and with free consideration. The appellant is entitled to appeal and has complied with the time limit for appeal.
The appellant challenges the expulsion from the country and claims that the lower court wrongly denied the existence of a hardship case. The FSCA finds that the lower court did not properly conduct the hardship examination, in particular, it did not sufficiently examine the reasonableness of the appellant's husband's departure to Thailand.
The FSCA overturns the judgment of the Higher Court of the Canton of Zurich of June 28, 2021, and refers the case back to the lower…