A surprisingly lenient sentence was handed down in a Swiss court in the case of a Kosovar ( aged 25). The man had committed various frauds over several years. For example, he falsified user accounts of the Swiss Federal Railways dozens of times under a false name and address – and travelled across the country in first class at the expense of others. He also ordered articles from various companies under a false name. He resold the scammed goods – but never paid the invoices.
The prosecutor called the accused’s behaviour in the Winterthur court “deceitful, brazen” and a “testimony of criminal energy”. She demanded a 36-month prison sentence and a ten-year expulsion from the country for the Kosovar.
His defence called this an “unimaginable catastrophe”: the young man had only lived in Kosovo for three years, barely spoke Albanian, and had no family there. The defence also put forward an unusual argument: The defendant had an unusually low IQ of 70, which was why he had dropped out of school and had then gone off the rails. He also suffered from an immature personality.
The judge accepted the arguments of the defence in his judgement. Due to the man’s intentions to improve – he has not committed a crime for two and a half years – he was not expelled from the country. In addition, mitigating circumstances were that the Kosovar had attended every therapy session so far and had already paid back part of the damages. He was sentenced to 36 months imprisonment, nine of them unconditional. He has already served these months in pre-trial detention. The Kosovar is now at large again, but has to undergo five years of therapy.
https://exxpress.at/zu-geringer-iq-krimineller-kosovare-darf-nicht-ausgewiesen-werden/