The Zurich high court has sentenced a 30-year-old Spaniard to a conditional sentence of imprisonment of 24 months. At the same time, it has referred him for ten years in the country. The citizens of the EU had sold in the course of a year, a total of 92,8 grams of pure cocaine to an individual buyer yourself, or the sale organized.
The first-instance court had omitted in the November of 2017, on a land reference. Although his offence would lead to a in the criminal code provided for mandatory country of reference. The Spaniard could rely on the free movement of persons agreement (FMA).
The FMP, the removal of an EU citizen is only allowed for reasons of public order, safety and health. It must be according to the Federal court to have "an actual and sufficiently serious threat", "which touches on the fundamental interests of society", noted the district court.
This serious threat is to the young man "due to his efforts, and his criminal record homelessness and the lack of circumstances indicating a danger of a relapse", not given.
declares The Supreme court to be joined, the judgment, and put a guard rail, beyond the individual case importance. The principle is that anyone Who has to do with drugs to the extent of a major event, must be expected with high probability to be expelled from the country, even if he may invoke the penal code milder, freedom of movement agreement. In the individual case, may derogate from this principle.
From a severe case, one speaks, if with the drug business, the health of many people directly or indirectly at risk. This is met, for example, if an offender with 12 grams of Heroin, 18 grams of cocaine, 36 grams of amphetamines or with 200 LSD geschäftet Trips. For the specified amount of critical of the pure substance, i.e., after the deduction of any extenders.
The Supreme court has had to the district court in its decision, the advantage that the Federal court expressed a few months ago, the case of Sweden. In your judgment, the louse kept anner judge that the previous Interpretation of the country of reference FZA of the foreigner in accordance with the right-oriented. With the introduction of the criminal deportation, as the people desired, but a "clear escalation of the practice" occurred.
The Federal court formulated this in a rather unusual clarity: "With the afmp, Switzerland agreed to no freedom of movement for criminal aliens." (Tages-Anzeiger)
Created: 02.04.2019, 07:55 PM