Questione giuridica chiave
Whether the accused intentionally committed illegal stay under former and current immigration law
Decisione estratta
The conviction was upheld because he knowingly and willingly remained in Switzerland without authorization after the departure deadline and had deliberately prevented his removal.
Motivazione estratta
The court held that the facts showed conscious and deliberate non-compliance with asylum and departure decisions; arguments based on tolerance by authorities, impossibility to leave, or good faith failed, especially since no arbitrariness in the factual findings was demonstrated.