Facts

Parties: Appellant (A.) against the Public Prosecutor's Office of the Canton of Solothurn

Court: Criminal Law Division of the Federal Supreme Court

Date: April 8, 2020

Facts:

  • On August 14, 2018, the District Court of Dorneck-Thierstein convicted A. of multiple aggravated theft, property damage, and trespassing and sentenced him to a prison term of 4½ years and imposed an expulsion from the country for ten years.
  • A. filed an appeal.
  • On March 12, 2019, the Higher Court of the Canton of Solothurn confirmed the first-instance convictions and the expulsion from the country and additionally ordered the publication of the expulsion from the country in the Schengen Information System (SIS).
  • A. complained to the Federal Supreme Court against the publication of the expulsion from the country in the SIS.

Considerations

The publication of the expulsion from the country in the SIS is not subject to the principle of legality (Art. 326 CrimPC). The court must decide on the publication for third-country nationals independently of an application by the public prosecutor's office and mention this in the operative part of the judgment.

The publication of the expulsion from the country in the SIS is of an executive or police law nature and not a sanction. The prohibition of reformatio in peius (Art. 391 para. 2…