Conviction for Violations of the Weapons Act and Imposition of Expulsion from the Country

Facts

The appellant [A.] was convicted by the District Court of Hinwil for violations of the Narcotics Act and the Weapons Act. The High Court of the Canton of Zurich upheld the guilty verdict for the offense against the Weapons Act and imposed a conditional custodial sentence of 16 months and a conditional fine. It also ordered a five-year expulsion from the country and registration in the Schengen Information System.

[A.] filed a criminal appeal and requested to be acquitted of the charge of the offense against the Weapons Act and to be sentenced more leniently. He also requested that the order for expulsion from the country and the registration in the SIS be waived.

Considerations

The Federal Supreme Court dismissed the appeal. It held that the factual findings of the lower court were not arbitrary and that [A.] had intentionally violated the Weapons Act. A mistake of law could not be assumed, as [A.] had expressed doubts about the legality of his actions.

Regarding the sentencing, the Federal Supreme Court concluded that the lower court had not violated its discretion. A reduction of the sentence by one-third due to the confession was not mandatory.

The Federal Supreme Court also considered the…