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 present detailed summaries with facts, considerations, and rulings. For the other 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.
7B_780/2023: Complaint regarding the seizure of an Afghan driver's license and denial of free legal assistance
Summary of the Facts
A.________, an Afghan citizen, applied for the exchange of his Afghan driver's license at the cantonal road traffic office in Geneva. It was found that the validity dates on the driver's license had been altered unlawfully. Subsequently, the public prosecutor's office seized the driver's license. The lower court, the Chambre pénale de recours, confirmed this decision and also denied the granting of free legal assistance.
Summary of the Considerations
- **E.1:** The applicant's request for the connection of proceedings is declared moot. - **E.2:** The complaint is admissible and meets the formal requirements according to the Federal Court Act (BGG). - **E.3:** The evaluations of the lower court are legally examined. The Federal Court criticizes that the evidence does not meet legal requirements. It is emphasized that the state is responsible for the burden of proof and that the lower court failed to consider the possibility of collecting evidence by contacting the Afghan consular authorities. This could have provided further information about the practice of changing driver's license data by Afghan authorities. - **E.4:** The Federal Court highlights that the driver's license must not be seized, as the legal requirements for seizure according to Art. 69 StGB are not met.
Summary of the Ruling
The complaint is partially upheld, the driver's license is returned, and the matter is referred back for clarification of free legal assistance.
6B_1360/2023: Judgment on human trafficking and compliance with deadlines in the context of a pickup contract
Summary of the Facts
The Federal Court assesses two complaints from the Office of the Attorney General of the Canton of Zurich against judgments of the Cantonal Court of Zurich, which acquitted A.A. and B.A. regarding the accusation of human trafficking. The timeliness of the complaints from the Attorney General's Office, which were submitted via a pickup contract with Swiss Post, was also disputed. The Federal Court examined the facts of the lower court's decisions as well as new legal aspects regarding human trafficking and deception.
Summary of the Considerations
- **E.1:** The cases 6B_1360/2023 and 6B_1361/2023 were combined due to a close factual connection. - **E.2:** Timeliness of the complaints through the submission of documents within the framework of a pickup contract. The evidence provided by the Attorney General's Office was sufficient to demonstrate timeliness. - **E.3:** In-depth discussion of the issue of human trafficking. The Federal Court confirms that elements of deception and exploitation were present. The decision of the private plaintiff is also deemed not free and therefore the consent is considered irrelevant. - **E.4:** Application of new case law regarding the interpretation of the offense of human trafficking. The subjective intent of the respondents is assessed as given. - **E.5:** Clarification of the qualification of working conditions and the social dependency of the private plaintiff as exploitation within the meaning of Art. 182 StGB.
Summary of the Ruling
The complaints are upheld, the judgments of the Cantonal Court are annulled, and the case is referred back for new assessment.
5A_895/2025: Decision on an obviously inadmissible complaint regarding the withdrawal of the right of residence
Summary of the Facts
The complainant, mother of C.________, born in 2009, was entrusted with sole parental custody and care after the divorce in 2023. Following a risk report and an intervention report, the Child and Adult Protection Authority (KESB) Münchwilen decided in several steps to withdraw the complainant's right of residence and place the daughter in care. A complaint filed with the Cantonal Court of Thurgau against the decisions of the KESB was unsuccessful, prompting the complainant to file a complaint with the Federal Court.
Summary of the Considerations
- **E.1:** The complainant's submission does not contain any requests or justification, which the complainant attributes to health limitations and submits corresponding medical certificates. There are no indications for a restoration of the deadline, as no corresponding request was made and the justification deadline has expired on October 20, 2025. - **E.2:** The complaint is qualified as obviously inadmissible, as no sufficient justification is provided. The President of the Division decides not to admit the complaint in simplified proceedings (Art. 108 para. 1 lit. a and b BGG). - **E.3:** Due to the special circumstances, it is decided not to levy court costs (Art. 66 para. 1 BGG).
Summary of the Ruling
The complaint is not admitted, no court costs are incurred, and the judgment is communicated to the parties involved and the Cantonal Court.
5F_24/2025: Inadmissibility of the revision
Summary of the Facts
The decision concerns a revision submitted by the complainant against the judgment of the Federal Court dated March 12, 2025 (5A_867/2024). This had declared a complaint against the cantonal decision of the Genevan jurisdiction for the supervision of debt enforcement and bankruptcy offices as inadmissible. The complainant requested the revision and additionally declared the alleged invalidity of the aforementioned judgment of the Federal Court.
The complete summary of the judgment can be found in the Portal.
4A_249/2025: Dispute over claims from employment contract and reimbursement of expense accounts
Summary of the Facts
The case involves a dispute between the plaintiff (former managing director) and the defendant (his former company) regarding claims from the employment contract as well as counterclaims for reimbursement of inadequately documented expenses made with a Maestro card. The plaintiff is claiming, among other things, revenue participation and damages, while the defendant is demanding refunds for unjustified expenses. The proceedings were shaped by previous decisions from several instances.
The complete summary of the judgment can be found in the Portal.
6B_439/2025: Inadmissibility of a late opposition to a penalty order
Summary of the Facts
A.________ was convicted by a penalty order of the Federal Attorney's Office on December 12, 2023, for serious money laundering and for involvement in or support of a criminal organization. The penalty order imposed a conditional prison sentence and the seizure of funds from various bank accounts. The penalty order was served by public announcement. A.________ filed a late opposition on February 6, 2024, which the Federal Prosecutor's Office forwarded to the Criminal Chamber of the Federal Criminal Court for examination. Various further proceedings followed, which led to the decision of the Appeals Chamber, which recognized the opposition as late. A.________ subsequently appealed to the Federal Court.
The complete summary of the judgment can be found in the Portal.
5A_317/2025: Decision on the admissibility of the appeal in a debt relief procedure
Summary of the Facts
The complainant (A.________) requested in a debt relief procedure the admission of an appeal against her ex-husband (C.________). The background of the legal dispute involves disagreements regarding the financing and debts of a former marital property assigned to the complainant as part of the divorce. The cantonal court dismissed this appeal on the grounds that the claims of the parties were already part of the pending liquidation of the marital estate. The complainant argued before the Federal Court that the jurisdiction and the unity of the divorce ruling were incorrectly assessed.
The complete summary of the judgment can be found in the Portal.
6B_872/2024: Judgment on negligent violation of traffic rules and wrongful behavior in accident
Summary of the Facts
A.________ is accused of causing a parked motorcycle next to her to fall and causing property damage by negligently failing to control her vehicle while reversing. She is also accused of having behaved wrongfully after the collision by leaving the scene, despite having noticed the fallen motorcycle and being able to recognize damage to it.
The complete summary of the judgment can be found in the Portal.
7B_997/2025: Inadmissibility of the complaint regarding official defense and free legal assistance
Summary of the Facts
The complainant A.________ filed a complaint against the decision of the Cantonal Court of Lucerne dated August 19, 2025, regarding official defense and free legal assistance. The complaint was submitted to the Federal Court on September 26, 2025, one day after the expiration of the complaint deadline.
The complete summary of the judgment can be found in the Portal.
7B_564/2025: Judgment on the motion for recusal in criminal proceedings
Summary of the Facts
The Criminal Court of the Canton of Zug sentenced A.________ to 23 months imprisonment for sexual acts with a child and other offenses. Instead of an outpatient therapy penalty, the court ordered an inpatient measure. The appeal against this judgment was dismissed by the Cantonal Court. The Federal Court overturned the judgment and referred the matter back for new decision, as evidence was based on inadmissible data. After the Cantonal Court resumed the appeal, A.________ requested that the members of the court should recuse themselves, which was denied as the requests were deemed late. A.________ then appealed.
The complete summary of the judgment can be found in the Portal.
6B_309/2025: Judgment on violence and kidnapping offenses as well as sentencing
Summary of the Facts
The complainant A.________, a Swiss national, was convicted of various offenses such as kidnapping, threats, simple bodily harm, assault, and violations of the weapons and narcotics laws to a prison sentence of 31 months and 15 days. This includes incidents from two days in March 2021, during which a young man was kidnapped and mistreated, as well as an assault in August 2022. A.________ requested in his complaint the complete annulment of the convictions for the events of March 2021 and a reduced sentence, partly with conditional execution.
The complete summary of the judgment can be found in the Portal.
7B_634/2025: Decision on the non-admission of a criminal complaint
Summary of the Facts
A.________ accused the train conductor B.________ of having thwarted his opportunity to escape from a brawl by locking a passage door. The public prosecutor's office and the Cantonal Court concluded that there was neither a sufficient causal connection nor intentional or negligent behavior on the part of the accused.
The complete summary of the judgment can be found in the Portal.
5A_492/2025: Decision on the opening of bankruptcy
Summary of the Facts
The B.________ AG pursued the A.________ AG for a claim of CHF 3,196.75. An objection was raised, but a bankruptcy warning followed, and finally the bankruptcy petition before the District Court of Baden. This opened the bankruptcy over the A.________ AG on March 10, 2025. The complaint of the A.________ AG against the bankruptcy opening was dismissed by the Cantonal Court of Aargau on May 26, 2025, and the bankruptcy was pronounced anew. The A.________ AG appealed to the Federal Court, which primarily addressed the assessment of its solvency and the waiver of a party inquiry.
The complete summary of the judgment can be found in the Portal.
5A_480/2025: Judgment on the allocation of the marital home and other marriage protection measures
Summary of the Facts
A.________ (husband) and B.________ (wife) have been married since 2009 and have a child, C.________, who suffers from a disability. Despite their separation, the spouses live together in the marital home. In November 2021, the wife filed a request for marriage protection, particularly regarding the allocation of the apartment and maintenance payments. The Regional Court awarded the apartment to the husband for sole use and awarded maintenance payments. On the wife's appeal, the Cantonal Court partially modified the decision, awarded the apartment to the wife, amended the maintenance payments, and ordered a land register freeze. The husband appealed to the Federal Court.
The complete summary of the judgment can be found in the Portal.
7B_855/2025: Inadmissibility of a complaint in a criminal matter
Summary of the Facts
A.________ submitted a complaint to the Federal Court in criminal matters against a decision of the Chambre des recours pénale, Cantonal Court of Vaud, dated June 30, 2025. The complaint was directed against a non-admission order of the public prosecutor's office dated February 13, 2025, concerning a criminal complaint against B.________. The lower court had dismissed the complaint due to insufficient justification.
The complete summary of the judgment can be found in the Portal.
6B_806/2024: Compensation for official defense and admissibility of the ancillary appeal
Summary of the Facts
The official defender of B.________, A.________, initially filed an appeal in the main matter on behalf of her client to challenge the first-instance judgment of the District Court of Bülach dated April 16, 2024. The appeal also concerned the compensation awarded to her of CHF 53,000. The Cantonal Court of Zurich did not admit the appeal regarding the compensation on August 23, 2024, as A.________ had not explicitly filed the appeal in her own name. A later ancillary appeal from the official defender was also dismissed by the same instance on September 18, 2024. The lower court justified this by stating that the official defense is not a party and therefore not legitimized to file an ancillary appeal.
The complete summary of the judgment can be found in the Portal.
7B_633/2025: Decision on the non-admission of a complaint in criminal matters
Summary of the Facts
The complainant, a professor at the school B.________ in U.________, filed a criminal complaint for defamation against a former researcher from her lab. However, the public prosecutor's office of the district of La Côte did not take it up on May 28, 2019, due to the late submission of the criminal complaint. Upon a renewed review of the decision in 2024, the public prosecutor's office also did not respond on the grounds that no relevant new facts were presented. The lower court, the Criminal Chamber of the Vaud Cantonal Court, dismissed the complaint against the decision of the public prosecutor's office.
The complete summary of the judgment can be found in the Portal.
7B_550/2025: Judgment on the order to unseal a mobile phone
Summary of the Facts
A.________ was arrested in the Canton of Bern on suspicion of attempted extortion. Upon arrest, his mobile phone was seized, the sealing of which he demanded. The public prosecutor's office later requested unsealing, which was granted by the cantonal coercive measures court. A.________ filed a complaint with the Federal Court aimed at maintaining the sealing or restricting the unsealing.
The complete summary of the judgment can be found in the Portal.
4D_159/2025: Decision regarding non-admission of a complaint in a credit case
Summary of the Facts
A.________ was sentenced on October 31, 2024, by the peace judge of the district of Paradiso to pay CHF 3,657.05 to B.________ AG. A.________'s appeal against this decision before the Civil Appeals Chamber of the Cantonal Court of Ticino was declared inadmissible on July 25, 2025, due to late submission. A.________ then filed a complaint with the Federal Court on September 3, 2025. A requested advance of CHF 500.-- for the legal costs was neither paid in time nor within the subsequently set deadline.
The complete summary of the judgment can be found in the Portal.
7B_998/2025: Non-admission of a complaint regarding official defense
Summary of the Facts
A.________ filed a complaint against the decision of the Cantonal Court of Zurich dated August 21, 2025, which concerned official defense. The complaint was submitted to the Federal Court on September 25, 2025, after the contested decision was served to the complainant on August 25, 2025.
The complete summary of the judgment can be found in the Portal.
7B_579/2025: Judgment regarding the non-admission of a criminal investigation and process security
Summary of the Facts
The public prosecutor's office of Winterthur/Unterland decided on May 7, 2025, not to initiate a criminal investigation for abuse of office. The complainants A.________ and B.________ appealed against this decision, to which the Cantonal Court of Zurich demanded a process security of CHF 1,800.-- under threat of non-processing on June 18, 2025. Later, the complainants' request for free legal assistance was dismissed as moot, and the lower court rejected the complaint in a separate decision. Complaints were also directed at the Federal Court against these decisions.
The complete summary of the judgment can be found in the Portal.
2C_618/2025: Inadmissibility of the complaint regarding non-promotion and precautionary measures
Summary of the Facts
A.________, a student at the Spiritus Sanctus Brig College, was not promoted after the end of the 2024/2025 school year. A reconsideration request and subsequent complaints against the non-promotion to cantonal authorities and the Cantonal Court of Valais failed. In the present procedure, A.________ requested the Federal Court for super-provisional restoration of suspensive effect, in order to participate in the lessons of the fourth grade.
The complete summary of the judgment can be found in the Portal.
9C_575/2025: Inadmissibility of a complaint against a cost advance order
Summary of the Facts
The complainant requests the Federal Court to waive the imposition of a cost advance required by the Federal Administrative Court. The background is a decision of the BVG Compensation Fund dated July 4, 2025, which orders a compulsory affiliation and was challenged before the Federal Administrative Court.
The complete summary of the judgment can be found in the Portal.
7B_1188/2024: Inadmissibility of the complaint and request for free legal assistance
Summary of the Facts
The complainant A.________ filed a criminal complaint against B.________ and other individuals for defamation offenses. The public prosecutor's office of See/Oberland did not take up the investigation. The Cantonal Court of Zurich dismissed both the complaint and the request for free legal assistance. A.________ appealed to the Federal Court.
The complete summary of the judgment can be found in the Portal.
6B_959/2024: Judgment on multiple endangerment of life and violence against authorities and officials
Summary of the Facts
The complainant drove a vehicle through a police blockade after a burglary. He was accused of deliberately driving towards two police officers, thereby creating an immediate danger to life. The lower courts had convicted him particularly for multiple endangerment of life and violence against authorities and officials. He filed a complaint against this judgment with the Federal Court.
The complete summary of the judgment can be found in the Portal.
9C_497/2025: Complaint against the rejection of a request for free legal representation in connection with health insurance
Summary of the Facts
A.________, born in 1961, was pursued by the health insurance EGK for outstanding premiums. The EGK lifted its objection. In the subsequent proceedings before the Social Security Court of the Canton of Zurich, she requested free legal representation, but her request was rejected for insufficient substantiation. A.________ then appealed to the Federal Court.
The complete summary of the judgment can be found in the Portal.
6B_927/2023: Obstruction of an official act (mask-wearing obligation in public transport)
Summary of the Facts
A complainant was convicted for obstructing an official act because she held on to her seat in the train during a control by the transport police to prevent her removal from the train. The lower courts had each imposed a fine. The complaint challenges the legal basis and proportionality of the removal, the factual findings, and the sentencing.
The complete summary of the judgment can be found in the Portal.