Foreign Nationals and Integration Act (FNIA)

Art. 116FNIA from 2022

Art. 116

¹ Any person who:

a.

in Switzerland or abroad, facilitates the unlawful entry or departure or the unlawful period of stay in Switzerland of a foreign national or assists a foreign national to prepare for the same;

a^bis.⁴³³

from within Switzerland facilitates the unlawful entry or departure or the unlawful period of stay in a Schengen State of a foreign national or assists a foreign national to prepare for the same;

b.

finds employment for a foreign national in Switzerland without the required permit;

c.⁴³⁴

facilitates the entry of a foreign national who has left Switzerland or the international transit zone of the airports into the sovereign territory of another state in violation of the entry provisions applicable there or assists that foreign national in preparing for such entry.

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

² In minor cases, a fine may be imposed.

³ The penalty is a custodial sentence not exceeding five years or a monetary penalty and the custodial sentence must be combined with a fine if the offender:

a.

acts intentionally for their own or another's unlawful financial gain; or

b.

acts for an association or group that was formed for the purpose of the continued perpetration of this offence.

⁴³³ Inserted by No I of the FA of 18 June 2010 (Automated Border Controls, Documentation Advisers, MIDES Information System), in force since 1 Jan. 2011 (AS 2010 5755; BBl 2009 8881).

⁴³⁴ Amended by No I of the FA of 20 June 2014 (Violations of the Duty of Care and to Report by Air Carriers, Information Systems), in force since 1 Oct. 2015 (AS 2015 3023; BBl 2013 2561).