Facts
On 21 February 2017, the District Court of Rheinfelden found X. guilty of attempted theft, criminal damage, and attempted trespass. It sentenced him to a conditional custodial sentence of 6 months with a probation period of 2 years and imposed a 5-year expulsion from the country.
On 17 October 2017, the High Court of the Canton of Aargau partially upheld the appeal filed by X. against this judgment and found that the requirement of expedited proceedings had been violated. For the convictions that had already become legally binding, it imposed a conditional fine of 180 daily rates of CHF 10 with a probation period of 2 years. It also imposed a 5-year expulsion from the country.
X. has filed a criminal law appeal with the request to set aside the judgment of the High Court of the Canton of Aargau of 17 October 2017 with regard to the expulsion from the country.
Considerations
The Federal Supreme Court dismisses the appeal. It states that Art. 66a para. 1 SCC also covers the attempt of a catalogue offence. The legislative materials clearly show that the expulsion from the country must be ordered regardless of whether it remained at the attempt stage.
Furthermore…