'National penalties - national proceedings' in document 'Switzerland - Constitution (English)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

3rd Title: Confederation, Cantons and Communes

Chapter 2: Powers

Section 9: Residence and Permanent Settlement of Foreign Nationals

Art. 21

3 Irrespective of their status under the law on foreign nationals, foreign nationals shall lose their right of residence and all other legal rights to remain in Switzerland if they:

a. are convicted with legal binding effect of an offence of intentional homicide, rape or any other serious sexual offence, any other violent offence such as robbery, the offences of trafficking in human beings or in drugs, or a burglary offence; or

b. have improperly claimed social insurance or social assistance benefits.

4 The legislature shall define the offences covered by paragraph 3 in more detail. It may add additional offences.

5 Foreign nationals who lose their right of residence and all other legal rights to remain in Switzerland in accordance with paragraphs 3 and 4 must be deported from Switzerland by the competent authority and must be made subject to a ban on entry of from 5–15 years. In the event of reoffending, the ban on entry is for 20 years.

6 Any person who fails to comply with the ban on entry or otherwise enters Switzerland illegally commits an offence. The legislature shall issue the relevant provisions.