Facts
[B.] was convicted by the single judge in criminal matters of the district of Zurich on 19 January 1998 to four months' imprisonment for having violated the Federal Act on Foreign Nationals' Residence and Permanent Settlement (RSFNA) within the meaning of Art. 23a in conjunction with Art. 13e RSFNA, by entering the city of Zurich in violation of a prohibition by the Aliens Police of the canton of Zurich of 22 July 1997. The High Court of the canton of Zurich acquitted [B.] of this charge on appeal and annulled the decision regarding the revocation of the conditional execution of previous sentences.
The Public Prosecutor's Office of the canton of Zurich filed an appeal for nullity with the SCC, which dismissed the appeal.
Considerations
According to case law, the non-observance of a prohibition by the Aliens Police to leave a territory or enter a region is only punishable if the execution of the deportation or expulsion is impossible. The circumstances existing at the time of the pronouncement of the judgment are decisive, and not those at the time of the act.
In the present case, at the time of the pronouncement of the appeal judgment on 2 March 1998, the deportation of [B.] was possible, as the Yugoslav authorities had given their consent for the issuance of a laissez-passer. Consequently, the conditions…