Question juridique clé
Whether the cassation appeal was admissible against the decree refusing to revoke or suspend the expulsion order.
Solution extraite
No. The challenged decree was not a criminal judgment within the meaning of Art. 268 No. 1 PP, and the expulsion order had become final in the prior judgment; it could no longer be modified by this procedure.
Motifs extraits
The expulsion had been imposed in the final cantonal conviction, not in the decree under appeal. A final conviction can only be challenged through revision or, where applicable, pardon. The cantonal procedural rule on the president's competence could apply only to conditional release under Art. 55(2) CP, not to a final expulsion order.