Facts
The case concerns a person, N., who hosted her partner, L., who was sentenced to a prison term and expulsion from Swiss territory. L. entered Switzerland despite the ban and was hosted by N., who helped him evade the execution of his sentence. N. was convicted of obstruction of criminal proceedings (art. 305 SCC) by the Geneva Police Court, then by the Geneva Court of Justice on appeal. N. filed a nullity appeal with the Federal Court, challenging the decision of the cantonal courts.
The key facts are as follows
- L. was sentenced on 26 April 1976 to one year in prison and 10 years of expulsion from Swiss territory.
- On 15 June 1976, an entry ban into Switzerland was notified to him.
- L. came to Geneva on 27 October 1976 and was hosted by N. until 31 October 1976.
- N. was convicted of obstruction of criminal proceedings by the Geneva Police Court, then by the Geneva Court of Justice on appeal.
Considerations
The Federal Court examined the arguments raised by N. to challenge the decision of the cantonal courts. Firstly, N. argued that the act for which she was reproached did not constitute an obstruction of criminal proceedings, as there was no causal link between her act and the result. However, the Federal Court considered that N.'s hosting of L. constituted an act of evasion, as the assistance provided made the arrest more difficult.
Secondly, N. argued that she had not acted intentionally, as she had acted under the impression of a serious threat. However, the Federal Court considered that the constraint to which N. was subjected was not irresistible, as she had retained a certain degree of freedom of action sufficient to evade the threats or obtain external help.
Thirdly, N. argued that the judicial expulsion to which L. was subject was a security measure, not a penalty. However, the…