Facts
The SCC examined a case in which a man, married to a Swiss woman, was convicted of theft and narcotics offenses. The Criminal Court of the Canton of Thurgau sentenced him to eight years in prison, a fine of 1,000 francs, and five years of expulsion from Swiss territory.
The defendant filed a nullity appeal with the SCC, arguing that the Criminal Court's decision violated articles 63, 55, and 41 of the Swiss Criminal Code. He requested the annulment of the decision and the referral of the case to the lower court for a new decision.
Considerations
The SCC considered that the determination of the sentence must take into account the elements of the offense and the personal situation of the perpetrator. It recalled that the judge must examine the perpetrator's background, motives, and personal circumstances to determine the sentence.
The SCC also examined the issue of expulsion from Swiss territory. It considered that expulsion can only be ordered if the defendant has not integrated into Switzerland, which is not the case if the defendant is married to a Swiss woman and has close ties to Switzerland.
The SCC concluded that the Criminal Court's decision was insufficiently motivated and that the…