Facts
By a judgment of 12 November 2018, the Criminal Appeals Court of the Vaud Cantonal Tribunal ordered the expulsion of X., a Guinean national, from Swiss territory for a period of ten years. X. filed a criminal appeal with the Federal Tribunal against this decision. X. was born in 1960 in Guinea. He fled his country in 1996 after being imprisoned for 18 months by the military regime in power. Upon arrival in Switzerland, he filed an asylum application which was rejected in 1999. He then obtained a residence permit B thanks to his relationship with a Swiss woman, with whom he had a child. In 2000, he married a Haitian national and had two other daughters. In terms of health, X. suffers from several medical problems, including benign prostatic hyperplasia with hematuria, acute urinary retention requiring the placement of a bladder catheter, polycythemia, and arterial hypertension. He also receives psychiatric follow-up. His state of health required numerous hospitalizations between January and July 2018. On the criminal level, X. has been the subject of several convictions in Switzerland, in particular for theft, trespassing, and forgery of documents. He was sentenced to a custodial sentence of 24 months, of which 14 months were suspended, by the Criminal Appeals Court of the Vaud Cantonal Tribunal on 1 February 2018.Considerations
The Federal Tribunal examined the proportionality of the expulsion ordered by the cantonal court in view of X.'s state of health. According to case law, the authority that pronounces an expulsion must examine whether, due to the defendant's state of health, the measure proves disproportionate. It cannot simply refer this issue to the…