Facts
The case concerns a foreigner who remained in Switzerland without authorization after a deportation decision. He was convicted for illegal stay and appealed against this decision. The main question is whether a new conviction for illegal stay after a first conviction for the same offense is possible without violating the principle of non-conviction (ne bis in idem) and the principle of guilt.
The facts are as follows: the foreigner entered Switzerland in 1999 and was deported in 2001. He was then convicted for violating the prohibition of stay and served a prison sentence. After his release, he remained in Switzerland without authorization and was convicted again for illegal stay.
Considerations
The Federal Court examined the question of whether illegal stay constitutes a continuing offense and whether a new conviction for the same offense is possible without violating the principle of non-conviction. The Court considered that illegal stay is a continuing offense that lasts as long as the person concerned remains in Switzerland without authorization.
The Court also examined the question of whether the conviction for illegal stay after a first conviction for the same offense violates the principle of guilt. The…