Latest Verdicts of the Federal Court
Here you will find the latest verdicts of the Federal Court (BGer) from bger.ch. For the first three verdicts, we present detailed summaries including facts, considerations, and dispositions. For the other verdicts, you will find a summary of the facts. The complete summaries of all verdicts are available on the Lexplorer portal. There you can configure your newsletter and receive the latest verdicts individually tailored to your areas of law.
6B_404/2025: Judgment on the appeal regarding conviction for rape
Summary of the Facts
A.________ was convicted by the Youth Court of the Canton of Vaud for rape to a prison sentence of 5 months with a one-year conditional suspension of the sentence and ordered to pay CHF 10,000 as compensation to B.________. She had filed a complaint after the incident on March 16, 2021. The appellate court upheld the conviction. A.________ appealed to the Federal Court and disputed the facts as well as the elements of the crime.
Summary of the Considerations
- **E.1:** The Federal Court explains the principles of the prohibition of arbitrariness and Art. 190a StGB, according to which rape requires the use of violence or coercive means to force a person against their will into a sexual act. The requirement of violence and the subjective element of the act are met. - **E.1.2.1:** The findings of the cantonal instance regarding the physical superiority and the use of body weight by A.________ are confirmed. The resistances and rejections by B.________ were clear and unequivocal. - **E.1.3:** The subjective component of the act (intent/dol éventuel) is present, as A.________ ignored the clear rejections of his actions and acted consciously beyond the limits. - **E.2:** The further legal remedies of the appellant regarding the sentence and compensation are inadmissible as they directly relate to the contested conviction, which is upheld.
Summary of the Disposition
The appeal and the request for free legal assistance were dismissed, and the court costs were imposed.
6B_295/2025: Conviction for attempted serious bodily injury and refusal of sentence suspension
Summary of the Facts
A.________ was convicted by the District Court of Saanen on November 21, 2023, for several offenses, including attempted serious bodily injury, to a prison sentence of 24 months without parole and a fine of CHF 200. The Cantonal Court of Fribourg reduced the convictions in the appeal process but confirmed the other procedural decisions. The conviction for attempted serious bodily injury and the refusal of sentence suspension were particularly contentious before the Federal Court.
Summary of the Considerations
- **E.1:** The Federal Court examined the jurisdiction, the timely submission of the appeal, and the possible effects of incorrect delivery by the previous instance. It found the appeal admissible, rendering the requests for restoration of deadlines moot. - **E.2:** The court dealt with the challenge of the conviction for attempted serious bodily injury. It affirmed that A.________ acted with direct intent and at least accepted the occurrence of serious injuries. No arbitrariness was found in the assessment of the evidence, especially video recordings and witness statements. - **E.4:** A.________'s behavior and lack of insight were deemed decisive for a poor recidivism risk prognosis. Considering his prior convictions and the facts that the intensity of violence had increased, the court concluded that a sentence suspension was not justified.