Despite Ausschaffungs Initiative no country of reference, because the free movement of persons is more important to you: The waves went high, as the Zurich high court decided in October 2017, this verdict in favour of the German club. Now it had to revise its decision at the behest of the Federal court . The German is now referred to however, for 5 years in the country.
The German, of no fixed abode in Switzerland, was involved in a violent attack: For 200 francs, which he received then, but never granted it, together with five other thugs someone “a lesson”. The district court in Winterthur sentenced, the relevant Convicted with a conditional sentence of imprisonment, as well as a country of reference of 5 years. This is because an attack is a so-called “Katalogtat”.
Since 2016 will be evidenced by such offences automatically with a country reference. Other examples of “Catalogue of action” is about intentional homicide, serious assault, fraud, arson or sexual acts with children. This list goes back to the Ausschaffungs Initiative of the SVP, which had been approved by the voting population in November 2010. The relevant law is since 1. October, 2016.
The racket that is today 29 years old, didn’t want to accept the country of reference but, because his parents live in Switzerland. He came to the upper court, and had success, This took back the country of reference, on the grounds that the free movement of persons have a priority agreement with the EU.
“The expulsion is nothing,”
The Prosecutor’s office moved the case to Federal court, and received the law. In November 2018, the Lausanne judges decided that there was no conflict between free movement of persons agreement and Swiss law. The man had no fixed abode in Switzerland and go here, none work. The expulsion of nothing to the contrary.
The Supreme court was forced to revise its controversial decision, therefore, at the behest of the Federal court. As the judgement shows, the German is now a country of reference from 5 years ago about 2500 francs a court fee. (sda)
Created: 11.04.2019, 17:02 PM
