Facts
The appellant, whose asylum application was rejected and whose deportation was ordered, worked as a hairdresser in Zurich without the required work permit from May 2014 to November 2014 and from December 2014 to January 2015. He was convicted by the District Court of Zurich and the High Court of the Canton of Zurich for multiple instances of employment without a permit under Art. 115 para. 1 lit. c of the Foreign Nationals Act (FNA). The appellant then applied to the Federal Supreme Court to be acquitted of guilt and punishment, or alternatively to be granted a suspended sentence or sentenced to community service instead of a custodial sentence.Considerations
The Federal Supreme Court rejects the appellant's allegations that he acted in a justifiable state of emergency and that his honor was violated as unfounded. However, the appeal regarding the imposition of a custodial sentence instead of community service is justified.
The Federal Supreme Court states that under Art. 41 para. 1 of the Criminal Code, a custodial sentence of less than six months may only be imposed if it is expected that neither a fine nor community service can be executed. Since the appellant, according to the discontinuation order of the public prosecutor's office dated February 20, 2015, cannot objectively leave Switzerland due to…