Facts
The appellant, an Algerian national, was convicted of breach of ban and suffered excessive detention of 27 days. The cantonal court awarded compensation of 935 fr. for moral damages, taking into account the cost of living in Algeria, the country to which the appellant was to be expelled. The appellant filed a criminal appeal against this decision, contesting in particular the consideration of the cost of living in Algeria to determine the compensation.
The facts of the case are as follows: the appellant was lawfully arrested and imprisoned for breach of ban, but his detention exceeded the duration of the sentence imposed. The cantonal court considered that compensation should compensate for excessive detention of 27 days and held that the appellant, an Algerian national, had been subject to two expulsion orders that had become enforceable and was required to leave Swiss territory to return to Algeria.
Considerations
The Federal Court examined the question of whether the cantonal court had violated federal law by taking into account the cost of living in Algeria to determine the compensation for moral damages. The Federal Court recalled that, according to case law, there is in principle no reason to take into account the maintenance costs at the beneficiary's domicile when determining the compensation for moral damages, but exceptions can be made when the beneficiary residing abroad would be excessively advantaged due to the economic and social conditions existing at their place of residence.
The Federal Court considered that, in the present case, the cantonal court had been able to take into account the cost of living in Algeria to determine the compensation, as the appellant was subject to two enforceable…