Switzerland expels 33-year-old from Kosovo, that's why

A 33-year-old Kosovo citizen has sent a friend a file with pornographic images of children through his Facebook account. Consequently, he must now leave Switzerland for five years, Cyril's High Court (Cantonal), writes Switzerland's News Agency, the SDA.

The fact that he successfully runs a business in Zurich does not change the decision to expel, says the Supreme Gykat ruling.

He had quite a quick click and he had already, through his Facebook account sent the video to a neighbour in Kosovo, showing two minor boys performing oral and anal relations.

According to the penal code, 33-year-old, by sending the file into question has committed criminal acts for heavy pornography, broadcasts albinfo.ch. In November 2020, the Cyril District Court had pronounced him a fine of 30 daily units from 80 franca, which had been scheduled for a two - year trial period.

The accused has accepted the sentence in question, but he has rejected five-year exile from Switzerland. But the Supreme Court has already confirmed the District Court's decision, without changing it as the second instance.

This has been done with the reasoning that “heavypornography” is one of the dolphins that, by law, should lead to the expulsion of the author from the country for five to 15 years.

The defendant's lawyer has not denied this in the written procedure before the Supreme Court, albinfo.ch conveys. But he, forced deportation from Switzerland, due to a slight violation, has described it, however, as non-proportional, while the law itself as the uninclined “by the end of”.

Therefore, he has requested that the exception “lause” be put into effect. According to her, if the expulsion from the country results in a serious personal difficulty and the private interest to remain in Switzerland exceeds the public interest of expulsion from the country, such deportation could be annulled.

The defence lawyer has also argued that his client successfully run a business in Zurich. To create his own company, he had to borrow between 10,000 and 15,000 francs, broadcast albinfo.ch. If he was now expelled from Switzerland, he would be unemployed and could no longer repay his debt.

Moreover, debts would make it impossible for him to create a new company elsewhere.

According to the Federal Supreme Court's judicial practice, the preset of the serious “trast” must be implemented in a limited way, the Supreme Court has indicated in its ruling, which has already taken a firm form.

The court also stresses that the convict lived in Switzerland no longer than in 2018, so there is no private connection here.

The fact that life in Switzerland should be more comfortable, especially on the economic side, than in Kosovo and in part in EU countries, does not amount to grave cases”, according to the Supreme Court.