Latest Rulings of the Federal Court
Here you will find the most recent rulings of the Federal Court (BGer) from bger.ch. For the first three rulings, we present detailed summaries including facts, considerations, and dispositions. For the further rulings, you will find a summary of the facts. The complete summaries of all rulings are available on the portal of Lexplorer. There you can configure your newsletter and receive the latest rulings tailored to your legal areas.
7B_1062/2024: Ruling on the Non-Initiation of a Criminal Proceedings
Summary of Facts
A.________ filed criminal complaints against B.________ in 2022 and 2023 for various offenses, including trespassing, coercion, and defamation. The public prosecutor's office decided on October 20, 2023, not to initiate the proceedings. The complaint filed by A.________ with the Cantonal Court of Lucerne against this non-initiation was dismissed on August 29, 2024, to the extent it was considered.
Summary of Considerations
- **E.1 (Art. 81 para. 1 lit. b no. 5 BGG):** The Federal Court examined the legitimacy of the complainant and decided that she did not demonstrate how the non-initiation had an impact on specific civil claims. The alleged psychological violence and physical impairments claimed by the complainant were not substantiated and do not provide grounds for claims for damages or satisfaction under applicable practice. - **E.2.1–2.4 (Denial of Justice and Formal Complaints):** The Federal Court found that the complainant did not sufficiently justify her complaints against the conduct of the public prosecutor's office and the non-initiation. A violation of formal party rights in the sense of the 'Star-Practice' could not be recognized. In particular, the complainant did not adequately explain why she had a particular interest in expediting the proceedings. - **E.2.4 (Art. 385 para. 2 StPO):** The complainant complained that she was not given an opportunity to rectify her cantonal complaint. The Federal Court ruled that this point was not subject to the federal court proceedings and that the complainant had no legally protected interest.
Summary of Disposition
The complaint was not addressed, and the court costs were imposed on the complainant.
6B_441/2025: Inadmissibility of the Complaint
Summary of Facts
A.________ filed a complaint with the Federal Court against a ruling of the Chamber of Penal Appeal and Revision of the Cantonal Court of Geneva dated April 11, 2025. This confirmed his conviction by the Cantonal Police Tribunal of Geneva on July 23, 2024, for violation of a maintenance obligation. A.________ was sentenced to a fine of 90 daily rates of 30 CHF each.
Summary of Considerations
- **(E.1)** The ruling of the previous instance dated April 11, 2025, confirmed A.________'s conviction for violation of the maintenance obligation. - **(E.2)** A.________ requested an extension of the deadline and free legal assistance in a letter dated May 16, 2025. - **(E.3)** He was informed that the complaint must be submitted within the legally prescribed deadline and must be formally correct. - **(E.4)** In a submission dated June 7, 2025, A.________ filed a complaint with non-specific and appellate allegations, including discrimination and violation of Art. 8 BV. A sufficient justification according to the requirements of Art. 42 para. 2 and Art. 106 para. 2 BGG was missing. - **(E.5)** The Federal Court finds that the submission does not meet the legal requirements. The previous instance sufficiently dealt with the relevant facts, including the complainant's financial circumstances. - **(E.6)** Due to lack of prospects for success, the complaint is declared obviously inadmissible. The request for free legal assistance is denied, and the procedural costs are imposed on A.________.
Summary of Disposition
The complaint was declared inadmissible, the request for free legal assistance was denied, and the procedural costs were imposed on the complainant.
7B_377/2023: Decision Regarding Non-Initiation and Implicit Dismissals in Connection with Administrative Activities and Other Allegations
Summary of Facts
The case concerns the company C.________ SA, a stock corporation that went bankrupt in 2015, as well as allegations against its employees and third parties, including administrative activities, forgery, and fraud. The complainant is A.________, who claims significant financial losses and questions the behavior of B.________ and other board members of C.________ SA, particularly in connection with negligent management and dubious loans. Two complaints were filed to challenge the non-initiation of proceedings and the implicit dismissal of allegations.
Summary of Considerations
**E.1:** Due to the proximity of the two complaints regarding the facts and alleged offenses, the proceedings were combined (Art. 71 BGG, Art. 24 BZP).
**E.2:** The complaints were found to be timely and formally correct, with the Federal Court examining its jurisdiction and the admissibility ex officio (Art. 29 para. 1 BGG, Art. 90 BGG, Art. 78 et seq. BGG).
**E.3:** The complainant could not sufficiently present her civil claims. Despite claimed financial losses, no detailed account of the causal relationships with the alleged offenses was provided. The qualification of the offenses as economic and the insufficient argumentation excluded the quality for the complaint.
**E.5:** In complaint 7B_378/2023, the allegation of a violation of the right to be heard was raised. The Federal Court dismissed this, as the previous instance did not need to carry out further examination of the causality between the allegedly negligent behavior and the bankruptcy given the justification.
Summary of Disposition
The complaints are dismissed, and the court costs are to be borne by the complainant.
2D_14/2025: Inadmissibility of the Complaint Due to Change of Canton
Summary of Facts
The complainants, a family of five, hold residence permits in Switzerland originally issued in the Canton of Aargau. Due to social assistance law and personal circumstances, the parents were deprived of refugee status, and their residence permits in the Canton of Aargau were not to be renewed. However, the Administrative Court of the Canton of Aargau warned them and allowed their stay in Switzerland. After moving to the Canton of Bern and requesting a change of canton, the migration office of the Canton of Bern suspended the proceedings and removed the family from the canton. Complaints against the respective decisions were ultimately dismissed by the Administrative Court of the Canton of Bern.
Complete summary of the ruling is available in the Portal.
2C_257/2025: Revocation of Residence Permit
Summary of Facts
The Colombian citizen A.________, who entered Switzerland to apply for asylum, later married a Swiss woman, which granted him a residence permit. After the divorce, the permit was revoked by the cantonal authorities. A.________ appealed this decision to the Federal Court seeking an extension of his residence permit, citing a post-marital hardship and his right to private life under Art. 8 ECHR.
Complete summary of the ruling is available in the Portal.
5A_576/2024: Decision on the Exercise of the Right to Personal Relationships by Third Parties and the Granting of Free Legal Assistance
Summary of Facts
The complainant A.________ and the mother of D.________, B.________, lived together between 2013 and 2020 and raised two children together, with D.________ being born from the biological parentage of B.________. After the separation of the parties, A.________ filed requests regarding the establishment of visitation rights for D.________ based on Art. 274a ZGB. The dispute arose from a rift between the parties that also affected the relationship between the children.
Complete summary of the ruling is available in the Portal.
5A_243/2025: Decision Regarding the Temporary Suspension of Joint Custody and Assignment of Childcare within the Framework of Super-Provisional Measures
Summary of Facts
A father (A.________) filed a complaint against a decision of the Tribunal de protection de l'adulte et de l'enfant of the Canton of Geneva dated March 7, 2025, which temporarily suspended joint custody of his children in favor of the mother (B.________). The complaint was declared inadmissible by the Chambre de surveillance of the Cour de justice des Cantons Geneva on March 26, 2025. The father contested this decision before the Federal Court, demanding the repeal of the super-provisional measures or at least clarification of legal violations.
Complete summary of the ruling is available in the Portal.
7B_795/2024: Unsealing Procedure in a Criminal Case
Summary of Facts
The proceedings concern the unsealing of items and data carriers seized from A.________. The Public Prosecutor's Office II of the Canton of Zurich is conducting proceedings against A.________ for professional fraud and other offenses. He is accused of having used forged course certificates and invoices to unlawfully obtain support payments. After a house search, A.________ sealed the seized items, the unsealing of which was later ordered by the coercive measures court. He appealed this decision before the Federal Court.
Complete summary of the ruling is available in the Portal.
7B_405/2025: Lack of Consideration for a Complaint
Summary of Facts
The complainant appealed against a ruling of the Cantonal Court of Zurich, which did not consider his originally filed complaint. The Federal Court examined the submission and found that it did not meet the requirements of Art. 42 para. 2 and Art. 106 para. 2 BGG. Formal complaints that could otherwise be raised regardless of the lack of standing were also not made. The proceedings were handled in a simplified manner according to Art. 108 BGG.
Complete summary of the ruling is available in the Portal.
7B_370/2025: Non-Initiation; Lack of Consideration for a Complaint Regarding Criminal Matters
Summary of Facts
The complainant contested the non-initiation order of the cantonal public prosecutor's office for special tasks and filed a complaint in criminal matters with the Federal Court. The Cantonal Court of Bern had previously dismissed his complaint.