Expulsion for young Kosovar after brutal beating
Published: Thursday, Aug 22nd 2024, 12:10
العودة إلى البث المباشر
A Kosovar who is now not quite 23 years old and grew up in Switzerland has been banned from the country for five years. The Federal Supreme Court has upheld an appeal by the Zurich public prosecutor's office. The young man knocked a Serb to the ground and kicked him three times in the head.
The victim suffered serious injuries. The young man began the offense in August 2020 during the probationary period of a sentence imposed by the juvenile prosecutor's office. After the criminal proceedings were opened, the Kosovar committed further offenses.
He threatened a security guard, tried to evade a police check by fleeing and punched another person twice in the face - again while under the influence of alcohol. This is the result of a ruling by the Federal Supreme Court published on Thursday.
The High Court sentenced the Kosovar to a partial prison sentence of 32 months, of which 10 months are to be served. It also imposed a conditional fine of 65 daily rates. In contrast to the District Court, the High Court refrained from imposing an expulsion order.
"Rough brutality"
However, as a result of the Federal Supreme Court's decision, the Kosovar will have to leave Switzerland for five years after serving his sentence. The highest Swiss court confirms that there is a case of personal hardship. However, the public interest in deportation outweighed that of the defendant.
The young man came with his mother when he was one and a half years old to join his father, who already lived in Switzerland, and has lived here ever since. He completed two different apprenticeships and worked temporarily in his father's business. Because his father was "too strict", the employment relationship was terminated.
The Federal Supreme Court held that the seriousness of the offense and the dangerousness of the defendant were significant with regard to the public interest in the deportation. The kicks against the head of the defenceless victim lying on the ground were carried out with great force and were a manifestation of gross brutality.
No stable employment relationship
Unlike the lower court, the Federal Supreme Court assumes a relevant risk of return. His reputation was no longer unblemished at the time of his first conviction under adult criminal law.
The attempted grievous bodily harm had been committed during the probationary period and further offenses had been committed after the investigation was opened. It was therefore not possible to speak of episodic behavior in young adulthood.
Another point raised by the Federal Supreme Court was that the young man was not economically integrated. Despite the threat of deportation, he had not managed to enter into a stable employment relationship. The fact that he is now working in his father's company and working on his "unpunctuality" shows an apparent unwillingness to create stable conditions. (Judgment 6B_43/2024 of 5.8.2024)
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