Facts
The Bolivian national [A.] entered Switzerland in 1994 and has since resided there - with interruptions - without a residence permit. She worked here as a housekeeper and caretaker for elderly people. On April 7, 2016, [A.] submitted an application to the Head of the Department of Justice and Security of the Canton of Basel-Stadt for recognition as a case of serious personal hardship, following which she was granted a residence permit on December 2, 2016. The Public Prosecutor's Office of the Canton of Basel-Stadt convicted [A.] by penal order dated August 3, 2017 of unlawful residence and employment without a permit, imposing a suspended fine. Upon [A.] 's objection, the single judge of the Criminal Court of the Canton of Basel-Stadt on February 6, 2018 confirmed the finding of guilt but refrained from imposing punishment. The Public Prosecutor's Office appealed against this judgment, and [A.] filed a cross-appeal. The Court of Appeal of the Canton of Basel-Stadt found [A.] guilty of unlawful residence and employment without a permit on February 14, 2020, but refrained from punishment due to the lack of need for punishment pursuant to Art. 52 of the Swiss Criminal Code (StGB). The Public Prosecutor's Office filed an appeal in criminal matters with the Federal Supreme Court against this judgment.Considerations
The Federal Supreme Court sets aside the judgment of the Court of Appeal and remands the case to the lower court for determination of the sentence. It reasons as follows: The lower court did not make a comparative analysis with typical offenses falling under the same statutory provisions and did not demonstrate how the offenses of the respondent differ significantly from the norm, so that the need for punishment is obviously lacking. Solely based on the long…