Facts
The Federal Tribunal has dismissed the appeal of A. against the judgment of the Geneva Court of Justice, which found him guilty of breach of a ban (Art. 291 CC) and violation of Art. 119 para. 1 of the Federal Act on Foreign Nationals and Integration (FNIA). A., an Algerian national born in 1988, arrived in Switzerland in 2010 without having filed an asylum application. He was subject to an entry ban on Swiss territory from 24 December 2015 to 15 April 2020, as well as a prohibition to enter the city center of Geneva from 22 March 2018 to 22 March 2019. On 4 May 2018, the Police Court ordered his expulsion from Swiss territory for a period of five years. On 11 December 2018, A. was apprehended in the vicinity of the C. injection facility in Geneva, in violation of the geographical prohibition.Considerations
The Federal Tribunal considered that the breach of the ban (Art. 291 CC) and the violation of the geographical prohibition (Art. 119 para. 1 FNIA) constituted a perfect concurrence, as these two offenses do not protect the same legal interest. Art. 291 CC aims to ensure the enforcement of expulsion decisions, while Art. 119 para. 1…