¹ Any person who:

a.

violates the entry regulations contained in Article 5;

b.

stays unlawfully in Switzerland, in particular after the expiry of a period of stay for which a permit was granted or which does not require a permit;

c.

works without authorisation;

d.

fails to enter or leave the country through an authorised border crossing point (Art. 7),

is liable on conviction to a custodial sentence not exceeding one year or to a monetary penalty.

² The same penalty applies if, after leaving Switzerland or the international transit zone of the airports, the foreign national enters or makes preparations to enter the sovereign territory of another state in violation of the entry provisions applicable there.⁴²⁹

³ If the offence is committed through negligence, the penalty is a fine.

⁴ If removal or expulsion proceedings are pending, criminal proceedings that have been commenced solely in respect of an offence under paragraph 1 letters a, b or d shall be adjourned until the removal or expulsion proceedings have reached a legally binding conclusion. If removal or expulsion proceedings are anticipated, the criminal proceedings may be adjourned.⁴³⁰

⁵ If a sentence is expected for an offence under paragraph 1 letters a, b or d the imposition or execution of which would preclude the imminent enforcement of a legally binding removal or expulsion order, the competent authority shall refrain from any prosecution, committal to court or the imposition of penalties.⁴³¹

⁶ Paragraphs 4 and 5 do not apply if the person concerned has re-entered Switzerland in disregard of a ban on entry or if it has not been possible to enforce a removal or expulsion order because of the person’s conduct.⁴³²