Facts
The case concerns [A.] , a Spanish national, who was sentenced by the District Court of Bülach to 51 months of imprisonment for violations of the Narcotics Act, driving without a license, and possession of weapons, and was expelled from the country for 10 years. [A.] appealed against the duration of the expulsion. The High Court of the Canton of Zurich confirmed the 10-year expulsion.
[A.] had been living in Switzerland since 2012, working as a plasterer, and had been married to a Spanish woman since 2015. He was convicted because he was involved in the trafficking of a considerable amount of cocaine (1'188 grams of pure substance), even though he was living in stable personal circumstances and had a regular job.
Considerations
The Federal Supreme Court considers the 10-year expulsion to be proportionate. It states that the legal consequence of expulsion is to be determined based on the culpability and the threat to public safety. The duration must be proportionate and, in particular, take into account the hardship resulting from a long presence in Switzerland.
The court sees the no longer light culpability of the…