No expulsion from the country after sexual acts with a child
Published: Monday, Aug 5th 2024, 12:30
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The Federal Supreme Court has overturned the expulsion of an Italian man who was born and raised in Switzerland. The man, who is now 52 years old, was convicted by the Zurich High Court of multiple defilement and multiple sexual acts with a child.
The Zurich judiciary also found him guilty of multiple counts of pornography and damage to property. He was also found guilty of possessing and selling marijuana. In March 2023, the High Court sentenced him to six years' imprisonment, a fine of 30 daily rates and a fine. It also issued an expulsion order for seven years.
The man had carried out sexual acts on a child who was around four years old at the time of the crime. He filmed the act on his cell phone and sent the recording to his girlfriend at the time, according to a ruling published by the Federal Supreme Court on Monday.
Strong ties to Switzerland
Switzerland's highest court has overturned the expulsion from the country on the grounds of hardship. The convicted man has an adult daughter and a granddaughter in Switzerland. After completing his education, he worked, but became unable to work for psychological reasons and has therefore been drawing a disability pension for a good eight years.
The case now goes back to the Zurich High Court. The court did not give sufficient reasons for the conviction for criminal damage to property, which it must now do. In 2018, the man and a colleague spray-painted an S-Bahn train composition. During the investigation into this crime, the man's cell phone was analyzed. The police discovered not only the recordings of the sexual abuse, but also other pornographic material.
(Judgment 6B_855/2023 of 15.7.2024)
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