Question juridique clé
Whether settlement can be withdrawn under Art. 45(3) BV for repeated convictions when none occurred during the current period of residence.
Solution extraite
No. At least one conviction must have been rendered during the residence in question; earlier convictions alone are insufficient.
Motifs extraits
The Court followed its newer case law and held that withdrawal of settlement for judicial convictions is only permissible if at least one conviction occurred while the person was actually settled in the commune. All convictions relied upon by the authorities predated the current settlement in St. Gallen. A criminal investigation in St. Gallen does not replace the required conviction, and an earlier conviction during a former settlement period cannot justify withdrawal of the present settlement.