Judgment St. Gallen cantonal court overturns expulsion order for married couple

The St. Gallen Cantonal Court has fully acquitted a married couple from Bosnia and Herzegovina. The public prosecutor's office had accused them of social welfare fraud, among other things. This means that an expulsion order issued by a district court is likely to be null and void.

The legal requirements for guilty verdicts on the various charges were not met, the cantonal court wrote in its ruling published on Friday.

According to the written judgment, the court referred to the case law of the Federal Supreme Court. There was no unlawful receipt of social insurance benefits or social assistance, the cantonal court continued. A corresponding article of law has been in force since October 1, 2016.

The couple had received social assistance in St. Margrethen from fall 2012 to December 2016, among other things. From October 2016 onwards, the husband and wife also received around CHF 5,000 per month from third parties. "However, these benefits were earmarked to pay fines and penalties for the accused so that they did not have to serve alternative custodial sentences," said the cantonal court.

Did not take part in swimming lessons

The public prosecutor accused the couple of failing to report financial benefits from relatives and third parties to the social welfare office. As a result, the couple had received excessive benefits. Among other things, they demanded a conviction for fraud.

The two social welfare recipients had failed to report the changed circumstances. However, the cantonal court found that they had not actively deceived the social welfare office. A conviction for fraud was therefore not possible.

Further accusations concerned the alleged breach of the duty of care and education. The daughter was absent from the compulsory school camp and sports lessons. In addition, the daughter and son had not taken part in swimming lessons.

The cantonal court also did not support a conviction for breach of the duty of care and upbringing, even if there had been partial violations of the Elementary School Act. However, these were violations that were already time-barred prior to the district court's decision.

Convicted by the Rhine Valley cantonal court

In the trial at first instance in 2021, the Rheintal district court found the couple guilty of multiple unlawful withdrawals of social benefits.

The court also considered it proven at the time that the parents had repeatedly breached their duty of care and upbringing. Among other things, the court issued a five-year ban from the country against both individuals.

Federal court ruling on headscarves

This is not the first time that the family has been brought before the courts. In another case at the end of 2015, the family was upheld by the Federal Supreme Court: their older daughter was allowed to go to school wearing a headscarf. In that case, the family was supported by the Islamic Central Council of Switzerland.

The ruling of the Cantonal Court of St. Gallen is not yet legally binding.