News

New Federal Court rulings from 09.10.2025

Latest Judgments of the Federal Court

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

6B_549/2025: Revision for Attempted Severe Bodily Injury

Summary of Facts

The appellant A.________ requested the revision of a previous judgment from the High Court of the Canton of Zurich, which sentenced him to a prison term of 26 months for attempted severe bodily injury. A.________ justified his request for revision by stating that the sentencing was based on an incorrect criminal record entry. The High Court did not consider the request. Consequently, the appellant appealed to the Federal Court, among other things based on Art. 410 para. 1 lit. a StPO, and requested a reassessment.

Summary of Considerations

1. (E.1) The Federal Court examines the admissibility of the constitutional complaint and qualifies it as a complaint in criminal matters. 2. (E.3) The appellant criticizes that the incorrect criminal record entry influenced the sentencing in the 2017 conviction. However, the Federal Court refers to the findings of the lower court, which convincingly demonstrated that the entry in question was not considered in the judgment of the cantonal courts, as it had been corrected in this case. 3. (E.4.1–4.2) Facts of substantial relevance for revision must be capable of fundamentally undermining the basis of the original judgment. The Federal Court confirms that there are no such facts in the present case, as the new criminal record extract no longer included the Spanish conviction and thus had no impact on the sentencing. 4. (E.5) The lower court correctly determined that there is no basis for revision under Art. 410 para. 1 lit. a StPO. Any new submissions regarding the pre-trial detention in connection with a previous incorrect criminal record entry are not admitted by the Federal Court due to insufficient substantiation. 5. (E.6) The complaint is dismissed as manifestly unfounded.

Summary of the Operative Part

The complaint and the request for free legal assistance are dismissed, and the court costs are imposed.


5A_49/2025: Decision on the Recognition of Mass Liabilities

Summary of Facts

This case concerns the recognition of mass liabilities in the bankruptcy proceedings of C.________ AG. B.________ GmbH submitted claims as mass liabilities to the bankruptcy office following a reversal of real estate transactions. The Cantonal Court of Graubünden annulled the recognition of part of these claims and requested clarification from the bankruptcy office with a future deadline for filing a lawsuit. A.________ appealed this decision to the Federal Court, requesting an immediate deadline for judicial clarification of the mass liabilities.

Summary of Considerations

- E.1-2: The court examined the admissibility of the complaint based on the relevant legal provisions and found that the complaint deadline was met. - E.3: It was elaborated that the appellant could not demonstrate a current and practical interest that would legitimize his complaint. The crucial argument here was that the setting of a deadline for filing a lawsuit by the bankruptcy office is only necessary when losses arise for the appellant, which is not currently the case. - E.3.3.3: The appellant could also not demonstrate a legitimate interest in the premature setting of a deadline for filing a lawsuit by the bankruptcy office. The court emphasized that the clarification of mass liabilities can occur in the context of distribution after all concluded processes.

Summary of the Operative Part

The complaint is not upheld, the court costs are imposed, and the appellant must compensate the GmbH.


5D_47/2025: Cost Distribution in Connection with the Relocation of an Easement

Summary of Facts

The respondents successfully sued before the District Court of Muri for the relocation of a foot and access path right on the property of the appellants. The court costs were shared equally among the parties, and the party costs were offset. The appellants then filed a cost complaint with the High Court of the Canton of Aargau, which was not processed due to the untimely payment of the cost advance. They subsequently appealed to the Federal Court aiming to have the matter referred back to the High Court and for it to consider their complaint.

Summary of Considerations

- **E.1:** The complaint does not fully meet formal requirements (missing signature of one of the appellants, but irrelevant as no admissibility is possible anyway). - **E.2:** The cost issue is directly the subject of the complaint and is subject to independent requirements for legal remedies. In the case of a dispute value below CHF 30,000, the subsidiary constitutional complaint is the correct legal remedy. - **E.3:** Due to the dispute value of CHF 24,540.90, there was no complaint in civil matters, but only the subsidiary constitutional complaint available. However, the High Court erroneously mentioned the complaint in civil matters in its legal remedy instruction. - **E.4:** The subsidiary constitutional complaint only allows for the assertion of violations of constitutional rights. However, the appellants did not raise corresponding grievances, but only made appellate submissions. - **E.5:** Even with the application of the requirements of the complaint in civil matters, a sufficient justification is lacking. The criticized handling of the cost advance deadline by the High Court does not contradict the ZPO. - **E.6:** Thus, the complaint does not meet the requirements, and a non-admission is the consequence. - **E.7:** Court costs of CHF 1,500 are jointly imposed on the appellants.

Summary of the Operative Part

The complaint is not admitted, and the court costs of CHF 1,500 are imposed on the appellants.


2C_277/2025: Court Ruling on Residence Permit Extension and Deportation from Switzerland

Summary of Facts

A Serbian national, born in 1995 in Switzerland, was previously retroactively downgraded from a settlement permit to a residence permit. This occurred due to repeated criminal convictions and deficiencies in his economic integration. His residence permit was not to be extended after he continued to commit offenses, including crimes such as threats, drug use, and forgery of COVID certificates. Additionally, the appellant was heavily indebted and not permanently professionally integrated, violating the requirements for the residence permit. The appellant appealed against the decision of the Cantonal Court of Vaud.


6B_616/2025: Non-admission of a Complaint Against a Judgment of the Cantonal Court of Valais

Summary of Facts

The appellant was sentenced by the Cantonal Court of Valais on June 24, 2025, for violation of the Weapons Act and defamation to an unconditional fine of 40 daily rates of 65 CHF (totaling 2,600 CHF). In addition, the Cantonal Court ordered the confiscation and destruction of three double-point throwing knives. The appellant subsequently filed a complaint with the Federal Court.


2C_467/2025: Inadmissibility of the Complaint Against Asylum and Deportation Decisions

Summary of Facts

The Pakistani national A.________ filed a complaint against several decisions of the State Secretariat for Migration (SEM) and the Federal Administrative Court regarding the rejection of his asylum application and the deportation from Switzerland. After the Federal Administrative Court processed a request for reconsideration and a request for restoration of deadlines, A.________ submitted a complaint to the Federal Court.


5A_820/2025: Decision of the Federal Court Regarding Non-admission of a Complaint in a Debt Enforcement Procedure

Summary of Facts

The Canton of Zug initiated debt enforcement against the appellant, in which the debt enforcement office of Cham issued a bankruptcy warning. The appellant filed a complaint with the High Court of the Canton of Zug, which dismissed the complaint. The appellant then appealed to the Federal Court against this judgment.


1C_554/2025: Inadmissibility of the Complaint Regarding the Federal Popular Vote

Summary of Facts

The appellant A.________ challenged the federal popular vote of September 28, 2025, regarding the federal resolution on cantonal property taxes on second properties. He requested the annulment of the voting results and the conduct of a new vote with clearer explanations.


2C_426/2025: Downgrading a Settlement Permit to a Residence Permit

Summary of Facts

The Kosovo national A.________, who has lived in Switzerland since 1996, was downgraded from a settlement permit to a residence permit by the Population Services and Migration due to willful accumulation of debt and reliance on social assistance. The legal remedies filed against this decision were rejected by the cantonal authorities, as was a complaint to the Federal Court, which was not processed due to insufficient justification.


5A_821/2025: Procedure Regarding Delay in Realization and Auction Surcharge (Complaint Deadline)

Summary of Facts

The appellant contested the realization of her property in the context of a debt enforcement procedure and filed a complaint with the Federal Court against the dismissive decisions of the District Court of Kriens and the Cantonal Court of Lucerne (1st Department). However, the complaint to the Federal Court was submitted late. Additionally, submissions were made via email that did not meet the legal formal requirements.


2C_401/2024: Recognition of an Algerian Diploma as a Dentist

Summary of Facts

A French national applied for the recognition of her Algerian diploma as a dentist in Switzerland. Her diploma had already been recognized in Romania according to the European Directive 2005/36/EC. The Swiss Commission MEBEKO refused the indirect recognition, stating that the applicant did not have three years of professional experience in Romania or Switzerland. The Federal Administrative Court concluded that the recognition must be examined based on the Agreement on the Free Movement of Persons. This was contested by the Federal Department of the Interior (EDI).


6B_767/2024: Inadmissibility of the Complaint Against the Conviction for Serious Traffic Rule Violation

Summary of Facts

A police officer (A.________) was convicted for serious violation of traffic rules (Art. 90 para. 2 SVG). The act consisted of a pursuit in which A.________ acted with excessive speed, multiple red light violations, and inadequate traffic safety. The lower court overturned the original conviction to a fine of CHF 1,500 and instead imposed a conditional fine of 50 daily rates of CHF 150 and a two-year probation period.


6B_626/2025: Formal Inadmissibility of a Complaint in Criminal Matters

Summary of Facts

The appellant A.________ filed a complaint against two cantonal decisions of the Geneva judiciary: a finding of her non-appearance at a court hearing and the conversion of unpaid fines into a substitute prison sentence. The cantonal instance declared the complaint partially inadmissible and partially filed late.


5A_835/2025: Non-admission of a Complaint in a Garnishment Matter

Summary of Facts

An appellant opposed a garnishment certificate from the debt enforcement office Wetzikon. The complaint was initially dismissed by the District Court of Hinwil on August 14, 2025. The High Court of the Canton of Zurich did not consider the complaint on September 12, 2025, as the submission was insufficiently justified. The appellant then filed a complaint with the Federal Court.


6B_528/2025: Conviction for Severe Bodily Injury through Negligence

Summary of Facts

A. B.________ was convicted by the District Court of Siders on December 5, 2022, for having committed severe bodily injury through negligence and was sentenced to a conditional fine and a fine. After B.________ appealed, the Cantonal Court of Valais (as a single court) acquitted him on May 9, 2025, and dismissed the civil claims of A.________. A.________ then filed a complaint with the Federal Court, requesting the annulment of the judgment from May 9, 2025, and the confirmation of the first-instance judgment. He also requested the opportunity to enforce his civil claims civilly.


7B_56/2025: Decision Regarding the Termination of a Criminal Procedure and Compensation Consequences

Summary of Facts

On March 31, 2022, a traffic accident occurred as well as another incident between the parties. A.________ subsequently filed criminal complaints and reports against B.________ for coercion, threats, false accusation, and defamation. The public prosecutor terminated both procedures regarding coercion and threats as well as false accusation, defamation, and slander. The Cantonal Court of Schwyz as the lower instance dismissed a complaint from A.________ against these termination orders, to the extent to which it considered it, and imposed the procedural costs on him.


6B_416/2025: Judgment of the Federal Court Regarding a Complaint in Criminal Matters

Summary of Facts

A.________ was convicted by the District Court of Lausanne for theft, sexual coercion, and illegal residence to a prison sentence of 20 months. In addition, his expulsion from Switzerland for eight years was ordered. Both victims, B.________ and C.________, described incidents of sexual assaults and other harassment. The cantonal appellate instance, the Court of Appeals of the Canton of Vaud, confirmed the judgment. A.________ then filed a complaint with the Federal Court, demanding among other things, acquittal from the charge of sexual coercion and a reduction of the sentence.


6B_61/2025: Judgment on the Accusation of Theft, Property Damage, Trespassing, and Compensation Claims

Summary of Facts

A.________ requested the conviction of B.________ and C.________ for theft, property damage, and trespassing as well as the award of compensation. In the lower instances, the accusations against B.________ and C.________ were dismissed due to lack of evidence, and A.________ was ordered to bear the costs. The case went to the Federal Court.


1C_557/2025: Inadmissibility of the Complaint Regarding the Federal Popular Vote on the E-ID Law

Summary of Facts

An appellant challenged the federal popular vote of September 28, 2025, regarding the Federal Act on Electronic Identity and other electronic proofs (E-ID Law). He requested the annulment of the vote or its repetition.


2F_12/2025: Decision of the Federal Court

Summary of Facts

A French national, living in Switzerland since 2012, had a settlement permit that was declared expired by the competent cantonal authority. The lower instances reached different conclusions regarding whether the appellant's center of life still lay in Switzerland. In its judgment 2C_72/2025, the Federal Court declared a previously filed complaint inadmissible, as requirements for the judicial procedure were not met. The appellant then submitted a request for reopening and dealt with the matter again.


6B_497/2024: Judgment on Sentencing in a Murder Case

Summary of Facts

A.________ was sentenced to 15 years of imprisonment and a conditional fine for murder, property damage, and trespassing. The murder resulted from an escalated relationship conflict situation in which A.________ inflicted 18 stab wounds on C.________. The District Court of Baden imposed the judgment on April 19, 2023, convicting A.________ of murder. The Court of Appeal of the Canton of Aargau largely confirmed the judgment but waived the imposed contact ban.


6B_486/2025: Judgment on the Inadmissibility of a Qualified Robbery

Summary of Facts

A.________ was convicted by the Tribunal criminel of the District of Lausanne for qualified robbery (Art. 140 para. 4 StGB), violation of traffic rules, driving in an unfit state, driving without a license, and violations of the Narcotics Act (LStup) to a prison sentence of 8 years and a fine of 1,000 francs. The prison sentence was reduced by pre-trial detention and substitute measures. A.________ was part of a group that committed robbery against the victim, B.B.________, using violence and threats, which included physical assaults and significant humiliations. The conviction by the appellate instance (December 18, 2024) was confirmed. A.________ filed a complaint with the Federal Court.


1C_559/2025: Inadmissibility of a Complaint Regarding the Federal Popular Vote on the E-ID Law

Summary of Facts

The Swiss People's Democratic Union (EDU) filed a complaint with the Federal Court after the federal popular vote of September 28, 2025, regarding the E-ID Law. They requested the annulment of the vote and a repeat under constitutionally compliant conditions.


6B_682/2025: Non-admission of Complaint Due to Missing Appeal Declaration

Summary of Facts

The appellant filed a complaint against the decision of the High Court of the Canton of Bern, 2nd Criminal Chamber, which could not consider her appeal against a judgment of the Regional Court of Bern-Mittelland from April 16, 2025. The reason for the non-admission was the absence of a timely submission of an appeal declaration within the specified deadline of 20 days. The complaint to the Federal Court aimed to examine the legality of the High Court's non-admission.


7B_938/2025: Judgment Regarding the Extension of Pre-Trial Detention Due to Flight Risk

Summary of Facts

A.________ is suspected of having attempted murder by stabbing on October 28, 2024, in the apartment of victim B.________. He was arrested on October 29, 2024. The coercive measures judge extended the pre-trial detention several times, most recently on June 27, 2025. The criminal chamber of the Canton of St. Gallen dismissed A.________'s complaint against this decision on August 14, 2025. A.________ is requesting the Federal Court to annul the extension of detention and release him or alternatively impose mild substitute measures.


7B_593/2025: Change of Official Defense and Legal Hearing

Summary of Facts

The appellant was sentenced by the District Court of Zurich to a conditional prison sentence for several offenses. She requested a change of official defense, which was denied by the District Court. Her complaint to the High Court of the Canton of Zurich was unsuccessful as the High Court did not consider her submission due to lack of substantiation of an irremediable disadvantage. Before the Federal Court, she complained about a violation of her right to be heard by the lower instance.


6B_856/2024: Complaint Regarding the Referral of a Civil Action to Civil Court in Connection with a Criminal Procedure for Attempted Murder

Summary of Facts

A.________ was attacked and injured by respondent B.________ during an escape attempt from the Arxhof measure center. The District Court of Pfäffikon convicted B.________, among other things, for attempted murder and ordered him together with a third party to pay a compensation amount and satisfaction to A.________. The High Court of the Canton of Zurich confirmed the conviction but referred the determination of the quantity of the compensation claim to civil court. A.________ filed a complaint against this referral.


2C_476/2025: Inadmissibility of the Complaint for Free Legal Assistance

Summary of Facts

The appellant A.________ filed a state liability claim against the Canton of Aargau, demanding among other things retroactive IV pensions and further compensations. After his request for free legal assistance was rejected by the Administrative Court of the Canton of Aargau, he approached the Federal Court. He requested payment of a high compensation by the Canton of Aargau, alternatively the assumption of treatment costs or a state-approved expert opinion.


6B_657/2025: Inadmissibility of the Complaint Due to Lack of Justification

Summary of Facts

The appellant was sentenced by the president of the criminal court of the Canton of Ticino on December 3, 2024, for failing to respect the right of way of pedestrians at a pedestrian crossing (incident on July 8, 2023) to a fine of CHF 140. The cantonal appellate instance (Corte di appello e di revisione penale, CARP) declared the appeal against the first-instance judgment on July 11, 2025, inadmissible, as there was no sufficient justification for arbitrariness in the establishment of the facts or assessment of evidence. The appellant filed a complaint with the Federal Court against this.


6B_287/2025: Inadmissibility of Appeal and Expulsion

Summary of Facts

A.________, a Brazilian citizen, has lived in Switzerland since the age of five and was sentenced to a prison term of eight months (with a five-year probation) and a fine for offenses including simple bodily injury, assault, insults, driving in an unfit state, and other offenses. Additionally, his expulsion from Switzerland for five years was ordered. After his appeal was rejected by the Cantonal Court of Vaud, he filed a complaint with the Federal Court to annul the expulsion order.


7B_863/2025: Decision on the Admissibility of the Complaint in a Criminal Matter

Summary of Facts

The appellant A.A.________ filed a criminal complaint for defamation against his son and daughter-in-law after they accused him of committing sexual assaults against his grandson. The prosecutor issued a non-prosecution order, which was challenged by the appellant before the cantonal criminal chamber, but without success. The appellant then filed a complaint with the Federal Court, seeking compensation for the alleged moral damage. The Federal Court examined the issue of standing to complain and decided on the admissibility of the complaint.


5A_825/2025: Judgment Regarding the Certificate of Inheritance and Civil Status

Summary of Facts

The appellant requested the peace court of Affoltern am Albis to declare the certificate of inheritance and the tombstone of his mother invalid, claiming they were forgeries and that his mother was still alive. The peace court did not consider the request, as it was not competent in substantive matters. The High Court of the Canton of Zurich dismissed the complaint against this decision, to the extent that it considered it. The appellant then approached the Federal Court without addressing the considerations of the High Court substantively.


7B_848/2023: Inadmissibility of the Complaint

Summary of Facts

The appellant (A.________) had granted a loan of 5,400,000 francs to B.________ SA in 2010 to finance a real estate project. Due to financial difficulties of the company, the project was halted and the company was later liquidated. In 2023, the appellant filed a criminal complaint against the officers of B.________ SA for abuse, fraud, and disloyal management, as he felt deceived by one of the officers (G.D.________). The appellant believed that he was neither adequately informed about the financial situation of the company nor informed about the position of his claim. His complaint was rejected by the cantonal instances as they saw no sufficient grounds for a criminal investigation.


5A_824/2025: Divorce and Free Legal Assistance

Summary of Facts

The appellant requested the nullification of the first-instance divorce judgment and the granting of free legal assistance in the appeal proceedings. The High Court of the Canton of Aargau dismissed the appeal to the extent that it considered it and denied the free legal assistance. The appellant filed a complaint with the Federal Court, again requesting free legal assistance.


5A_814/2025: Inadmissibility of a Complaint Due to Formal Defects

Summary of Facts

The appellant (father of a daughter born in 2017) contests the transfer of parental custody to the mother by the District Court of Hochdorf as well as the course of the proceedings. The Cantonal Court of Lucerne did not consider his submissions as a reasoned first-instance judgment was not requested within the legal deadline, which is equivalent to a waiver of legal recourse. The appellant filed a complaint with the Federal Court, requesting the annulment of the non-admission decision of the lower instance and made further requests.


5A_630/2025: Inadmissibility of Complaint Requests in Divorce Proceedings

Summary of Facts

In the context of ongoing divorce proceedings, the appellant tried to enforce a change of a marriage protection decision. The lower instance, the Cantonal Court of St. Gallen, largely dismissed his appeal. With a complaint to the Federal Court, the appellant requested various applications, including free legal assistance, suspension of deadlines, and requests for recusal. After the cost advance required by the Federal Court was not paid, it was forced to not admit the complaint.


5A_816/2025: Non-admission of a Complaint Regarding Garnishment Announcement

Summary of Facts

The debt enforcement office Bern-Mittelland announced garnishment to the appellant in the context of a garnishment group. The appellant filed a complaint against this announcement with the High Court of the Canton of Bern, which dismissed it on September 5, 2025, to the extent that it considered it. A disciplinary procedure against the debt enforcement office was not initiated by the lower instance. The appellant then filed a complaint with the Federal Court.


Next Post