Criminal law of foreigners

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Entry, residence and illegal work

The Federal Law on Foreigners and Integration (LEI ) regulates the conditions of entry, stay and settlement in Switzerland.

This law criminalizes many behaviors related to the entry, stay and illegal work of foreigners in Switzerland.

Not only illegal aliens, but also their employers, those who provide them with accommodation or otherwise facilitate their entry or stay, may be guilty of such offences.

For the foreigners concerned, a conviction can have serious consequences.

Indeed, in addition to the conviction to criminal sanctions and their registration in the criminal record, certain offences of the penal code and the Federal Law on Foreigners and Integration can lead tocriminal expulsion from Swiss territory.

Our lawyers are able to advise you and defend your rights in the context of the various offences provided for by the Law on Foreigners and Integration.

Key points

  • Violations of the Federal Law on Foreigners and Integration Illegal entry, exit and residence, negligent conduct of an unauthorized gainful activity (115 para. 3 ISA), instigation of a minor illegal entry, exit or residence (116 para. 2 ISA), negligent employment of foreign nationals without authorization (117 para. 1 and 2 ISA), other offences (120 ISA), unlawful processing of personal data in the visa information system (120d ISA)
  • Violations of the Federal Law on Foreigners and Integration Illegal entry, exit and residence, unauthorized gainful employment (115 para. 1 and 2 ISA), incitement to illegal entry, exit or residence (116 para. 1 ISA), employment of foreigners without authorization (117 para. 1 and 2 ISA), fraudulent conduct towards the authorities (118 para. 1 and 2 ISA), failure to comply with a residence order or a ban on entering a certain area (119 ISA)
  • Crimes against the Federal Law on Foreigners and Integration: aggravated incitement to illegal entry, exit or residence (116 para. 3 LEI), aggravated fraudulent behaviour towards the authorities (118 para. 1 and 2 LEI)
  • Criminal deportation: mandatory deportation (66a StGB) in case of intentional violation of Art. 116, para. 3 LEI, or 118, para. 3 LEI; optional expulsion (66abis CP)