Unlawful Receipt of Benefits from a Social Insurance or Social Assistance

Facts

The Tunisian national [A.] was sentenced by the District Court of Winterthur to 18 months' imprisonment for multiple counts of fraud (Art. 146 para. 1 SCC) in the area of social assistance during the period from January 1, 2010 to July 4, 2014, as well as for the unlawful receipt of benefits from a social insurance or social assistance (Art. 148a para. 1 SCC) during the period from October 1, 2016 to April 30, 2017. Furthermore, she was expelled from the country for 5 years pursuant to Art. 66a para. 1 lit. e SCC.

[A.] appealed against the conviction for Art. 148a para. 1 SCC, the sentence, the expulsion from the country, and the order for a DNA sample. The Public Prosecutor's Office filed a cross-appeal on the criminal charge.

The High Court of the Canton of Zurich upheld the conviction for the unlawful receipt of benefits from a social insurance or social assistance, the criminal charge, and the expulsion from the country, and refrained from ordering a DNA sample.

Considerations

The Federal Supreme Court considers the interpretation of the offence of "concealment of facts" in Art. 148a SCC by the lower courts to be convincing. Accordingly, Art. 148a SCC also establishes a punishable omission if the benefit recipient fails to report changes in their circumstances.

With regard to the expulsion…