Facts
[A.] is accused of having unlawfully entered Switzerland on 29/30 September 2017 using a forged Italian identity document. On 11 April 2018, the single judge of the District Court of See-Gaster convicted him of unlawful entry and forgery of identity documents and sentenced him to a total of 8 months' imprisonment, and revoked the suspended part of a 12-month custodial sentence pursuant to the judgment of the Regional Court of Bern-Mittelland of 21 January 2015. The Cantonal Court of St. Gallen dismissed [A.] 's appeal on 22 February 2019.
Considerations
The Federal Supreme Court upholds the conviction of the appellant for intentional violation of Art. 252 SCC (forgery of identity documents) and Art. 115 para. 1 let. a FNIA (unlawful entry). The lower court has convincingly demonstrated that the appellant was aware of the inauthenticity of the identity documents obtained from an acquaintance in Italy and actually used them when crossing the border into Switzerland. The lower court has also rightly assumed that the appellant intentionally entered Switzerland without a valid residence permit…