Questão jurídica principal
Whether the defendant committed unlawful entry by entering and remaining in his ex-partner's home without authorization.
Decisão extraída
The conviction was upheld because unlawful entry was already complete when he entered the dwelling without the right-holder’s consent, regardless of whether he immediately complied with orders to leave.
Fundamentação extraída
The federal court held that Art. 186 CP is violated either by unauthorized entry or by remaining after an order to leave. The canton court’s finding that he entered without authorization and knew he could not do so bound the federal court.