Art. 117Employment of foreign nationals without a permit
1 Any person who as an employer wilfully employs foreign nationals who are not entitled to work in Switzerland, or any person who obtains a cross-border service in Switzerland for which the service provider has no permit is liable on conviction to a custodial sentence not exceeding one year or to a monetary penalty. In serious cases, the penalty is a custodial sentence not exceeding three years or a monetary penalty. …458
2 Any person who has a legally binding conviction under paragraph 1 and again commits offences under paragraph 1 within five years is liable on conviction to a custodial sentence not exceeding three years or a monetary penalty. …459
3 If the offence is committed through negligence, the penalty is a fine not exceeding 20,000 francs.460
458 Third sentence repealed by No I 3 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
459 Second sentence repealed by No I 3 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).