Facts
The case concerns an individual, A., convicted of several charges, including acts of sexual violence, to a prison sentence and expulsion from Swiss territory for a period of ten years. The decision to expel was made by the court of first instance and confirmed by the cantonal court of appeal. However, the Bundesgericht annulled the decision of the court of appeal and referred the case for a new decision on expulsion.
The cantonal court of appeal then decided to treat the appeal in written procedure, without holding public hearings, based on Article 406 paragraph 1 of the Swiss Criminal Procedure Code (CrimPC). The individual contested this decision, arguing that the written procedure was not suitable for assessing the conditions of expulsion.
Considerations
Introduction
The question of whether the appeal court can treat the appeal in written procedure when it must rule on the conditions of an expulsion is decided on a case-by-case basis and in respect of conventional law. The decision must take into account the specific circumstances of the case and the requirements of the European Convention on Human Rights (ECHR).
The written procedure and the conditions of expulsion
The cantonal court of appeal decided to treat the appeal in written procedure based on Article 406 paragraph 1 of the CrimPC, which allows the written procedure when only a question of law is at issue. However, the individual's situation in the event of return to their country of origin was not clear, and it was necessary to assess the factual circumstances and weigh them.
The need for a public procedure
The federal court estimated that the written procedure was not suitable for assessing the…