Facts
The Public Prosecutor's Office of the Republic and Canton of Geneva filed a criminal appeal against a judgment of the Criminal Appeals and Review Chamber of the Geneva Cantonal Court, which had convicted [A.] for illegal stay to a sentence of a null amount.
[A.] had already been the subject of several previous convictions for offenses related to his illegal stay in Switzerland, totaling 22 months and 10 days of deprivation of liberty or daily penalty fines. The cantonal court considered that the threshold of 180 daily penalty fines, provided for in Art. 34 para. 1 CC, had already been reached and that no new fine could therefore be imposed.
Considerations
The Federal Tribunal dismissed the Public Prosecutor's appeal. It confirmed that Art. 115 para. 1 let. b FNIA establishes a continuous offense, for which the sum of the sentences imposed cannot exceed the maximum sentence provided by law.
According to the Federal Tribunal, the maximum sentence for this offense is a custodial sentence of one year or a fine. Art. 34 para. 1 CC limits the fine to 180…