Facts
X., a Spanish national born in Switzerland in 1985 where he has always lived, was convicted by the District Court of East Vaud for robbery, violation of the Weapons Act, and violation of the Narcotics Act. He was sentenced to a custodial sentence of 12 months and his expulsion from Swiss territory for a period of 5 years was ordered.
X. appealed this decision. The Criminal Appeals Court of the Cantonal Tribunal of the Canton of Vaud dismissed his appeal and ordered his continued detention for security reasons.
X. then filed a criminal appeal to the Federal Tribunal against the judgment of the cantonal court, primarily concluding that it should be reformed in the sense that he be released from the charge of robbery and sentenced to a sentence or a fine.
Considerations
The Federal Tribunal upheld X.'s appeal regarding the expulsion. It considered that the conditions of Article 66a paragraph 2 of the Swiss Criminal Code (CC) were met, namely that the expulsion would place X. in a serious personal situation and that the public interest in his expulsion did not outweigh his private interest in remaining in Switzerland.
Indeed, X. was born and has always lived in Switzerland, where all his close relatives, including his mother, grandmother, and two young children, reside. Although his professional and financial situation is not exemplary, he is not marginalized and has always provided for his own needs. His expulsion to Spain, where he has no ties, would therefore place him in a serious…