i believe it is very likely that Sasuke will be allowed to return mostly because Kishimoto seems to like black haired bishonen. Nothing wrong with being gay but it shouldn't color all of your decisions.
Realistically Sasuke would be guilty of too many capital crimes, war crimes, and an accomplice to even more crimes to be able to escape the death penalty even by JP Law (considering JP does not have the death penalty that is saying something). From what I know of common laws and international law Sasuke would receive the death penalty a few dozen times over, but that is reality and Kishimoto has shown that he has been out of touch with reality for awhile.