Facts
The appellant, [A.] , was found guilty by the Higher Court of the Canton of Aargau of repeatedly employing foreigners without a permit pursuant to Art. 117 para. 2 of the Federal Act on Foreign Nationals and Integration (FNIA) and was sentenced to an unconditional custodial fine of 160 daily rates of CHF 100.--. The appellant lodges a criminal appeal and requests that the judgment of the Higher Court be reversed and that he be acquitted of the charges and the sentence.
The inspection that led to the indictment took place on November 28, 2017, in the club premises of the association [B.] in [U.] . The lower court considered that this inspection was carried out within the framework of the Federal Act on the Fight against Unfair Competition (IEA) and was therefore admissible. However, the appellant argued that it was an inadmissible coercive measure in criminal proceedings.
Considerations
The Federal Court examined the lawfulness of the inspection and found that the lower court had not proven that the inspection was carried out within the framework of the IEA and that it was conducted by the competent control authority, the Office for Migration and Integration of the Canton of Aargau (MIKA). The court concluded that the inspection would have to be based on a different legal basis.
The court discussed the application of Art. 215 CrimPC, which regulates police detention, and found that the inspection was carried out due to a suspicion in…