Dismissal of the Appeal against Expulsion from the Country

Facts

The appellant [A.] , a Portuguese national, was sentenced by the District Court of Winterthur to a conditional prison sentence of 24 months for a qualified violation of the Narcotics Act and a violation of the Unemployment Insurance Act. Additionally, an expulsion from the country for a period of 5 years was ordered under Art. 66a para. 1 let. o SCC. [A.] contested the expulsion, but the High Court of the Canton of Zurich dismissed the appeal. Thereupon, [A.] filed a criminal law appeal with the Federal Supreme Court, requesting the annulment of the contested judgment and the waiver of the expulsion from the country.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that the mandatory expulsion from the country under Art. 66a para. 1 SCC generally applies regardless of the severity of the offense, if someone is convicted of a violation of the Narcotics Act. The law provides for an exception only if the expulsion would cause a serious personal hardship for the foreigner and the public interest in the expulsion does not outweigh the private interest of the foreigner to remain in Switzerland.

The Federal Supreme Court concluded that in the present case, there is no serious personal hardship. The appellant's relationship with his partner in Switzerland is not yet so well-established that its protection would justify an exception to the expulsion. Also, the social and economic difficulties claimed by the…