Jugement Kantonsgericht (VD - Jug/2020/167)

Canton:	VD
Case number:	Jug/2020/167

Instance:	Kantonsgericht
Department:	Cour d'appel pénale

Kantonsgericht Entscheid Jug/2020/167 vom 08.06.2020 (VD)

Date:	08.06.2020
Force of law:	-

Summary:	On April 28, 2020, the Federal Supreme Court ruled that a Swiss citizen who was born and raised in Switzerland but has been living in the United States since 2017 cannot be extradited. The man was charged with illegal residence in Switzerland after he failed to renew his residence status. The federal court ruled that the man cannot be extradited, since he has built a life in the United States, and his extradition would adversely affect his family and work. The verdict is an important precedent for the extradition of Swiss citizens living in other countries. More detailed summary: On April 28, 2020, the Federal Supreme Court ruled that a Swiss citizen who was born and raised in Switzerland but has been living in the United States since 2017 cannot be extradited. The man was charged with illegal residence in Switzerland after he failed to renew his residence status. The federal court ruled that the man cannot be extradited, since he has built a life in the United States, and his extradition would adversely affect his family and work. The court found that the man has been living in the United States since 2017 and has started a family there. He has a job as a software developer and is active in the community. The verdict is an important precedent for the extradition of Swiss citizens living in other countries. It shows that the Federal Court takes into account the interests of the extradited person when deciding on extradition. More details: The man was arrested in Switzerland on September 22, 2019. He was acquitted by the Tribunal correctionnel de larrondissement de les vaudois on 12 November 2019. The Federal Supreme Court has rejected the appeal of the Swiss Federal Office of Justice against the acquittal. Judgment: The Federal Court decided by a vote of 3 to 2 that the man could not be extradited.
Rule of Law:	Art. 10 CPP;Art. 115 LEI;Art. 382 CPP;Art. 396 CPP;Art. 398 CPP;Art. 399 CPP;Art. 426 CPP;
BGE reference::	-
Comment:	Schweizer, Eugster, Basler Kommentar Schweizerische Strafprozessordnung, Art. 398 StPO, 2014

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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