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New Federal Court rulings from 28.07.2025

Latest Judgments of the Federal Court

Here you will find the most recent judgments of the Federal Court (BGer) from bger.ch. For the first three judgments, we provide detailed summaries including facts, considerations, and rulings. For the subsequent judgments, you will find a summary of the facts. The complete summaries of all judgments are available on the portal of Lexplorer. There you can configure your newsletter and receive the latest judgments tailored to your areas of law.

6B_414/2025: Decision in criminal proceedings concerning sexual acts, coercion, detention, and ancillary consequences

Summary of the Facts

The appellant was convicted by the Cantonal Court of Schwyz at the second instance for sexual acts with a child and sexual coercion. In addition to a comprehensive prison sentence, several measures were ordered, including detention, expulsion from the country for 15 years, and a lifetime prohibition on working with minors. The appellant filed an appeal and requested the complete annulment of the judgment, but essentially remained with general allegations without detailed justification.

Summary of the Considerations

The listed appeal submissions were submitted late and cannot therefore be considered.
The appeal does not meet the legal reasoning requirements (Art. 42 para. 1 and 2 BGG as well as Art. 106 para. 2 BGG). There is a lack of substantial and fact-related engagement with the considerations of the lower court as well as their legal basis.
The appellant criticizes the evaluation of evidence by the lower court and raises various general reservations. However, he fails to specifically explain why the evaluation of evidence was arbitrary or legally flawed. The Federal Court only intervenes in the determination of facts in the presence of substantiated claims regarding arbitrariness.
The lower court relied on various expert opinions and justifiably explained the necessity of detention. In particular, the risk of further sexual offenses is presented in detail. The appellant does not address these considerations in any way and contradicts them without factual basis.

Summary of the Ruling

The appeal is not admitted, and no costs are imposed.


6B_204/2024: Judgment on the appeal concerning offenses against the narcotics and weapons laws

Summary of the Facts

A.________ was accused of having acquired equipment for setting up an indoor facility for the production of THC-containing marijuana between February and November 2019, as well as having possessed a gas pistol and ammunition without authorization. The lower court found him guilty of the offense against the narcotics law and the weapons law and sentenced him to a conditional prison sentence of 7.5 months and a conditional fine as an additional penalty to earlier judgments by the public prosecutor's office.

Summary of the Considerations

- **E.1:** The appellant complained of arbitrariness in the determination of facts, violation of the principle of "in dubio pro reo", his right to a fair trial, and legal hearing. The lower court relied on various pieces of evidence, including statements by the appellant, telecommunications data, seized items, and further indications. - **E.1.3:** The Federal Court stated that the lower court had sufficiently and not arbitrarily established the facts. The principle of "in dubio pro reo" was correctly applied and the evaluation of evidence was not utterly untenable. The appeal did not change anything about the overall evidence. - **E.1.5:** Among the pieces of evidence was a chain of indications pointing to an illegal indoor facility. The lower court had thoroughly examined the appellant's statements regarding the alternative hypothesis and deemed them implausible. - **E.1.6:** Also regarding the second charge (weapons possession), the lower court relied coherently on the found safe with the gas pistol and dismissed the appellant's objections. - **E.2:** The Federal Court noted that the appellant's criticism was largely appellate and did not lead to a different legal assessment.

Summary of the Ruling

The appeal was dismissed and the court costs were imposed on the appellant.


4A_151/2025: Dispute over immediate termination of an employment relationship

Summary of the Facts

A.A.________ (appellant) terminated the employment relationship of his employee B.________ (respondent), who was employed as a generalist, immediately. This was justified among other things by alleged threats and supposed misconduct of the employee. The employee wanted the termination to be declared unjustified and demanded various compensations. The first instance courts ruled that the termination had occurred without valid reason, as the appellant failed to prove the alleged incidents.

Summary of the Considerations

- **E.1**: The Federal Court examines ex officio the admissibility of the appeal according to the requirements of Art. 29 para. 1 BGG, which are met. - **E.2**: The Federal Court explains the stringent requirements for the burden of proof and emphasizes that the appellant could not sufficiently prove the alleged threats and other incidents. - **E.3**: The termination was assessed as without valid reason according to Art. 337 OR. Other alleged misconduct of the respondent, such as the failure to open faucets, did not justify an immediate termination in view of his 100% incapacity for work. - **E.4**: The appeal is dismissed as there is no substantiated justification for the alleged legal violation and the facts established by the lower court were not determined arbitrarily.

Summary of the Ruling

The appeal was dismissed, and the appellant must pay court costs and compensations.


4A_88/2025: Judgment on the appeal concerning claims from the employment contract

Summary of the Facts

The appellant, A.________, worked for C.________ Sagl from June 2021, whose employment relationship was terminated in autumn 2022. After a merger, C.________ Sagl transferred to B.________ SA. The appellant claims various compensations and benefits from the employment relationship, which were mostly rejected by the Cantonal Court of Nidwalden. In the appeal before the Nidwalden Court of Appeal, the appellant was also unsuccessful. The Federal Court also dismissed his appeal, as far as it was admitted.


1C_601/2024: Decision on the construction project in Crans-Montana

Summary of the Facts

The case concerns two related appeals by A.________ and other owners of neighboring properties against a building permit from 2012 for a building with seven apartments in Crans-Montana. The appellants objected, among other things, that the relevant properties had no access to public roads, the construction had been abandoned, and the building permit had expired due to statute of limitations. The cantonal authorities (up to the Cantonal Court) rejected the requests for revocation of the building permit and restoration to the original state. The appellants brought the matter before the Federal Court.


6B_275/2025: Judgment on attempted serious bodily injury, evidence evaluation, sentencing, and expulsion

Summary of the Facts

A.________ is accused of having executed a swinging motion against the face of the private plaintiff B.________ with a broken bottle neck after an altercation in Zurich on June 23, 2023. The blow resulted in lacerations, a concussion, and a nasal fracture, whereby A.________ had accepted additional or more serious injuries. At the first instance, he was found guilty of attempted serious bodily injury and sentenced to a prison term of 38 months and, among other things, an expulsion for eight years.


6B_335/2024: Judgment on the appeal due to driving in an unfit state and other offenses

Summary of the Facts

The appellant A.________ is accused of having caused a self-inflicted accident in an unfit state on September 8, 2018, having knocked down several metal posts and subsequently leaving the accident scene without notifying the police. In the lower instances, he was convicted of several offenses and sentenced to a conditional prison sentence of 8.5 months, a conditional fine, and a fine. With the appeal, he requests the annulment of the judgment and his acquittal of all charges.


7B_87/2025: Judgment on the non-initiation of criminal proceedings

Summary of the Facts

A.________ filed a criminal complaint against two police officers and an emergency psychiatrist for alleged deprivation of liberty, abuse of office, attempted coercion, and false medical testimony in connection with a police operation and involuntary commitment. The public prosecutor's office did not initiate a criminal investigation. The complaints filed against this decision were dismissed by the Cantonal Court of Zug, after which A.________ appealed to the Federal Court.


6B_1369/2023: Judgment on inadmissibility due to professional handling

Summary of the Facts

The appellant A.________ was convicted by the Cantonal Court of Thurgau for professional handling according to Art. 160 para. 2 StGB to a prison sentence of 12 months (conditionally executable) and a fine of CHF 1,200. Additionally, he was imposed a five-year expulsion. The appellant turns to the Federal Court and requests his acquittal from all charges or the referral of the matter back to the lower court for factual examination. He raises various objections, including flawed evaluation of evidence, violation of the principle of equality, and non-consideration of his mental capacity.


4F_8/2025: Judgment on a revision request

Summary of the Facts

The applicant A.________ submitted a third revision request to the Federal Court to annul several previous judgments of the Federal Court, including 4D_114/2024, 4F_29/2024, and 4F_34/2024. He cited a violation of the withdrawal provisions and a failure to consider significant documents. The Federal Court found that the revision grounds cited were not raised within the time limit and did not engage in a substantial examination of the allegations.


7B_768/2023: Judgment on negligent endangerment due to violation of building regulations

Summary of the Facts

The judgment concerns a complaint in criminal matters. A.________, managing director of a construction company, was convicted of negligent endangerment due to violation of building regulations according to Art. 229 para. 2 StGB, as the electrical installations of his construction project exhibited serious defects. The Federal Court examined compliance with the accusation principle, the evaluation of evidence, and the legal assessment and deemed the actions of the lower court to be legally compliant.


6F_17/2025: Revision of a previous decision

Summary of the Facts

A.________ filed for a revision of the Federal Court judgment 6B_2/2025 of March 27, 2025, which confirmed his conviction by the Cour d'appel pénale des Tribunal cantonal du Canton de Vaud for various offenses. He also requested suspensive effect and sought legal aid.


6B_919/2024: Judgment on sexual coercion, simple bodily injury, and trespassing

Summary of the Facts

A.________ was convicted by the Tribunal de police of the Canton of Geneva on December 1, 2023, for sexual coercion, simple bodily injury, and trespassing against B.B.________ and her daughter C.B.________. He received a prison sentence of 15 months (conditional sentence with a probation period of three years) as well as obligations to pay damages and compensation to the victims. In the appeal, the Cour de justice of the Canton of Geneva partially annulled the judgment on September 26, 2024, whereby A.________ was acquitted of the charge of sexual coercion against C.B.________. The other convictions were confirmed.


4A_57/2025: Judgment concerning trademark law, unfair competition, and naming rights

Summary of the Facts

Baxter S.r.l., an Italian company that manufactures premium furniture, sued BAXTER Group AG, whose board member is A.________, and B.________ GmbH for trademark law, unfair competition, and naming rights. The point of contention was the use of the "Baxter" brand by the defendants for operating a hotel, domain names, and other business purposes.


6B_278/2025: Order of expulsion and objections to hardship examination

Summary of the Facts

A.A.________ was convicted of qualified drug trafficking and an obligatory expulsion for a duration of 10 years was imposed on him. He contests the proportionality of the expulsion and claims that a serious personal hardship case exists. Additionally, he criticizes the allegedly arbitrary determination of facts by the lower court and asserts that the expulsion violates his rights under Art. 13 BV, Art. 8 ECHR, and the Free Movement Agreement (FZA). The Criminal Court of Schwyz and the Cantonal Court of Schwyz confirmed the expulsion.


1C_592/2024: Judgment concerning the refusal of a stop-work order and restoration to the original state

Summary of the Facts

The appellants, condominium owners of two neighboring buildings, oppose the failure to order a stop-work and the restoration of the original state of an access road that runs over their adjacent properties. The construction work began in 2006 based on a municipal permit, but the completion was abandoned in favor of a simpler solution. In 2014, maintenance work was carried out, which the appellants consider unlawful.


6B_589/2025: Inadmissibility of appeals

Summary of the Facts

The appellants A.A. and B.A. lodged appeals against a decision of the Cantonal Court of St. Gallen. The lower court decision found A.A. guilty, among other things, of attempted intentional homicide and multiple brawls, and B.A. guilty, among other things, of multiple brawls. A.A. was sentenced to a prison term of 9 years and 9 months, while B.A. received a conditional prison sentence of 18 months and an expulsion. Both appellants criticized their convictions without substantial legal justification.


1C_440/2023: Judgment on planning law concerning the neighborhood plan "E.________" in the municipality of Lutry (VD)

Summary of the Facts

The municipality of Lutry planned the neighborhood plan "E.________" to densify an area with five parcels and a total area of 5,707 m². The neighborhood plan provides for a rezoning to "zone of local centers", including five to six-story buildings, to create a mix of residential and public utility. Several parties, including Patrimoine Suisse, raised objections against the plan. The lower courts approved the plan despite objections regarding noise protection and possible ecological impacts.


6B_884/2024: Decision on the appeal concerning violations of traffic legislation

Summary of the Facts

A.________ was found guilty by the District Court of Martigny and St-Maurice on January 11, 2023, of simple traffic rule violations (Art. 90 para. 1 in conjunction with Art. 31 SVG), refusal of measures to determine driving unfitness (Art. 91a SVG), and violation of duties in accidents (Art. 92 para. 1 in conjunction with Art. 51 SVG). The judgment confirmed the cantonal instance, taking into account a violation of the acceleration requirement. Against this judgment, A.________ filed an appeal to the Federal Court.


6B_74/2025: Decision on the expulsion in a criminal case

Summary of the Facts

A.________, a Thai citizen, was sentenced by the District Court of Zurich to a conditional prison sentence of 16 months, a fine, and an expulsion for 5 years for multiple offenses (including attempted serious bodily injury). The Cantonal Court of Zurich confirmed the conviction and sanctions including the expulsion. With an appeal to the Federal Court, A.________ requested the annulment of the expulsion and the granting of legal aid.


6F_18/2025: Judgment on a revision request regarding a non-admittance decision

Summary of the Facts

The applicant filed a revision request against a non-admittance decision of the Federal Court dated May 20, 2025 (6B_246/2025). This decision was issued because the applicant did not pay the cost advance despite a deadline extension, and her appeal also did not meet the legal reasoning requirements.


7B_1426/2024: Decision on the admissibility of an appeal against a decision to unseal

Summary of the Facts

The public prosecutor's office of Basel-Landschaft is conducting a criminal procedure against A.________ for forgery, particularly the forgery of medical certificates. During a house search, A.________'s mobile phone was seized, in which suspicious electronic medical certificates were found. After releasing the family doctor Dr. med. B.________ from professional secrecy, he provided relevant documents in PDF format, which were sealed. The enforcement measures court of Basel-Landschaft ordered the partial unsealing of the CD-ROM, whereby certain medical certificates were to be printed and handed over to the public prosecutor's office. A.________ challenged this decision with a criminal complaint.


4D_186/2024: Inadmissibility of the subsidiary constitutional complaint concerning fee claims

Summary of the Facts

The appellant commissioned the respondent with legal advice and representation in a criminal investigation by the public prosecutor's office in Munich. Disputes arose regarding the payment of the fee of CHF 15,122.25 plus interest since June 17, 2019. The District Court of Kriens ordered the appellant to pay the amount as well as to lift the legal objection in a debt collection proceeding. The Cantonal Court of Lucerne dismissed an appeal by the appellant and fully confirmed the judgment of the District Court.


6B_235/2025: Judgment on sexual acts with children and prohibition of activities

Summary of the Facts

A.________ was convicted for multiple sexual acts with children, trespassing, and threats to a prison sentence of 24 months and a fine. He received a ten-year prohibition on activities with minors and had to compensate his stepdaughter. The Cantonal Court reduced the sentence to 12 months and lowered the compensation amount. A.________ filed an appeal to be acquitted and have the prohibition lifted.


4A_493/2024: Judgment on reference inquiries and labor law claims

Summary of the Facts

The plaintiff, a former employee of Bank B.________, claims damages due to a lost job offer at Bank C.________. The position was not taken up because the successful application depended on a reference from the former employer, which was refused. The plaintiff argues that he suffered a loss of earnings due to this refusal.


6B_54/2025: Decision on the conduct of an oral hearing in an appeal procedure

Summary of the Facts

B.________ was initially convicted of negligently causing a fire to a fine. The Cantonal Court of Schwyz acquitted B.________ in the appeal by rejecting the factual findings of the first instance. A.________, owner of the burned house and private plaintiff, filed an appeal to the Federal Court. He argued that the previous procedure was only conducted in writing and contended that this constituted a violation of his right to be heard.


6B_1024/2024: Inadmissibility of appeals against cantonal judgments concerning opposition to penal orders

Summary of the Facts

A.A.________ and other individuals filed objections against four penal orders issued by the Geneva State Ministry on June 19, 2024, for violation of foreign property interests (Art. 151 StGB) and forgery (Art. 251 StGB). The lower court, the Geneva Criminal Court, declared the objection of A.A.________ in favor of his relatives inadmissible due to lack of representation authority and the local regulation for exclusive representation by lawyers. Both the subsequently filed cantonal legal remedies and the appeals to the Federal Court were partially unsuccessful.


4A_238/2025: Non-admission of an appeal due to unpaid cost advance

Summary of the Facts

The appellant appealed against the cost decision of the Commercial Court of the Canton of Bern. After he did not pay the cost advance in due time, a deadline was set, but no payment was made even within this period.