Facts
The case concerns a 42-year-old foreign professional criminal who was convicted of several burglaries. The lower court had expelled him from Switzerland for life under Art. 55 of the Swiss Criminal Code (StGB). The appellant filed a complaint against this decision.
The Federal Supreme Court had to assess whether the lifetime expulsion was lawful in this case. In particular, it had to be clarified whether the appellant was in a state of recidivism within the meaning of Art. 67 StGB and whether the sentencing and preventive purposes were adequately considered in ordering the expulsion.
Considerations
The Federal Supreme Court concluded that the appellant was in a state of recidivism within the meaning of Art. 67 StGB, as he had been convicted of offenses for which extradition would have been possible under Swiss law.
Regarding the expulsion, the court found that it serves both a punitive and a preventive purpose. While the expulsion is primarily designed as an ancillary penalty, the preventive purpose plays a guiding role. In the present case, the appellant was to be classified as a dangerous professional criminal with little prospect of resocialization. Therefore, it was in the interest of the country to permanently keep him away from Switzerland.
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