Violent criminals should be expelled from the country more consistently
Published: Friday, May 17th 2024, 18:01
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In the opinion of the responsible National Council committee, foreign violent criminals are not expelled from the country consistently enough. It is calling for the law to be amended so that the courts apply the hardship clause less frequently in future.
The National Council's Political Institutions Committee (SPK-N) has approved a parliamentary initiative by SVP National Councillor Jean-Luc Addor (VS) with this request, as announced by the Parliamentary Services on Friday. The initiative will now be dealt with by the Council of States' sister committee.
It demands that in criminal proceedings for violent crimes, the perpetrator's connection to his or her country of origin should not be taken into account when weighing up interests with regard to deportation. In the opinion of the Commission majority, the hardship clause is applied too generously by the courts. This applies in particular to serious crimes where the public interest in deportation is particularly high.
"The exception has now become the rule," writes the Commission. This development must be reversed.
"With common sense"
In the title of his initiative, Addor speaks of a "weighing up of interests with common sense". This is not the case today. He points out that the hardship clause is applied in the majority of cases in some cantons, despite the fact that Parliament provided for this provision as an exception in the Criminal Code.
The current wording has so far been interpreted by the courts in such a way that expulsion from the country is practically impossible if the offender has little connection to their home country. In future, according to Addor, it will be up to the legislator to define serious criminal offenses for which the connection to the country of origin should not be taken into account.
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