Facts
The Swedish-Serbian dual citizen X. with a residence permit B was found guilty by the District Court of Zurich of qualified simple assault and threat. He was sentenced to 8 months' imprisonment, the execution of which was suspended. The High Court of the Canton of Zurich confirmed the conviction, imposed the custodial sentence unconditionally, and ordered a 3-year expulsion from Switzerland pursuant to Art. 66abis of the Swiss Criminal Code.
Considerations
The Federal Supreme Court dismisses the appellant's appeal. It states that the Agreement on the Free Movement of Persons (AFMP) between Switzerland and the EU does grant EU citizens a far-reaching and reciprocal right to work in Switzerland, but this right is subject to the proviso of lawful conduct pursuant to Art. 5 para. 1 Annex I AFMP. The AFMP only entitles to a doubly conditional residence in Switzerland, namely in accordance with the contractual agreements and lawful conduct.
The Federal Supreme Court further states that the AFMP does not contain any criminal law provisions and that Switzerland is not bound by the AFMP in the legislation of criminal law on its territory. However, Switzerland must observe the provisions of the…