Facts
The appellant, a 36-year-old man from Kosovo, was sentenced by the District Court of Solothurn-Lebern to a total sentence of 28 months' imprisonment and a fine for repeated theft, property damage, trespass, and violation of the Narcotics Act. The High Court of the Canton of Solothurn waived the mandatory expulsion. The Office of the Attorney General of the Canton of Solothurn subsequently filed an appeal with the Federal Supreme Court to obtain an order for expulsion.
The appellant had already been convicted multiple times, including for theft, robbery, property damage, trespass, violation of the Narcotics Act, and violations of the Weapons Act. His residence permit was revoked in 2013, and he was expelled from Switzerland. After his return to Kosovo in 2014, he was imposed a re-entry ban until 2019, which he repeatedly interrupted by visiting stays in Switzerland to commit crimes there.
Considerations
The Federal Supreme Court notes that the appellant has committed predicate offenses for mandatory expulsion under Art. 66a para. 1 lit. d of the Swiss Criminal Code (StGB) with the burglary offenses. Expulsion can only be waived exceptionally if it would result in a "serious personal hardship" and the public interest in expulsion does not outweigh the private interests of the foreigner to remain in Switzerland.
The Federal Supreme Court concludes that there is no such hardship in the case of the appellant. Since 2014, he has had no valid residence permit in Switzerland, is not integrated there, and has not made efforts to integrate in Kosovo. He committed the…