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New Federal Court rulings from 19.02.2026

Latest Rulings of the Federal Court

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

6B_88/2025: Ruling on Sentencing for Attempted Serious Bodily Harm

Summary of Facts

The appellant was convicted of attempted serious bodily harm after intentionally running over a person with a vehicle. The Cantonal Court of Aargau imposed a partially conditional prison sentence with an enforceable portion of one year. The appellant contested the sentencing before the Federal Court.

Summary of Considerations

Referral decisions bind both the lower court and the Federal Court. Objections that could have been raised against the first judgment are not permissible in the second judgment. The legal and factual examination of the appellant is limited. The lower court followed the considerations of the Federal Court from the referral decision and did not impose a new conditional fine. According to Art. 47 of the Penal Code, the sentencing was based on the perpetrator's culpability and background. The significant discretion of the lower court in weighing various factors is confirmed. The consideration of potential life-threatening danger in the act as an aggravating factor was legally derived from the proximity to intentional homicide and did not violate the prohibition of double assessment. A mitigating factor such as a serious temptation according to Art. 48 lit. b of the Penal Code was not established, as the victim's behavior did not constitute a corresponding provocation. No excusable emotional disturbance according to Art. 48 lit. c of the Penal Code, as significant circumstances were not sufficiently presented by the appellant and no proportionality was determined. The determination of the prison sentence in the area of partially conditional enforcement is valid and did not violate either Art. 42 or Art. 43 of the Penal Code. The lower court adequately considered the legal prognosis. The lower court referred to the appellant's lack of insight and provided him with a not entirely poor legal prognosis. The enforceable portion of the sentence was legally set at one year.

Summary of Disposition

The appellant's complaint was dismissed and he was ordered to pay the court costs.


6B_891/2025: Ruling on Brawl, Simple Bodily Harm, and Arbitrary Action

Summary of Facts

The Public Prosecutor's Office of the Canton of Fribourg accused the appellant A.________ of having struck B.B.________ multiple times during a birthday party in U.________ on July 7, 2019. The lower courts assessed the act differently, which ultimately led to the appeal before the Federal Court.

Summary of Considerations

The appellant argued that the lower court had acted arbitrarily, as there was no direct evidence of his presence at the crime scene and exculpatory statements were not considered. The Federal Court rejected these claims, as the lower court plausibly justified that several witness statements and circumstantial evidence supported his presence. The assessment of evidence was neither obviously untenable nor arbitrary. The Federal Court explained the legal fundamentals for the assessment of evidence and clarified that circumstantial evidence is permissible when establishing facts. Indirect evidence can also provide the necessary proof when viewed in the overall context of the evidence. Exculpatory statements were considered and evaluated comprehensibly. The appellant's claim that further statements could have exonerated him was dismissed, as these statements had already been evaluated by the lower court and deemed not credible. In particular, contradictions between the statements of the appellant and his co-defendants were highlighted. The Federal Court concluded that the evidence assessment by the lower court was not arbitrary and corresponded appropriately to the facts of the case.

Summary of Disposition

The Federal Court dismissed the appeal and denied the request for free legal assistance. The court costs were imposed on the appellant.


7B_421/2025: Party Standing of the Estate in a Criminal Matter

Summary of Facts

The deceased A.________ had filed a criminal complaint against B.________ and C.________ and had constituted herself as a private plaintiff in a criminal and civil procedure. After her death without known heirs, official estate administration was carried out by an administrator appointed by the peace judge, who demanded the continuation of the proceedings in her capacity as a private plaintiff. The lower court denied the estate party standing.

Summary of Considerations

- **E.1:** The Federal Court affirmed the admissibility of the appeal, as it is a final decision of a last cantonal instance (Art. 90 BGG).
- **E.2:** The appellant argued that according to Art. 560 of the Swiss Civil Code, all transferable property rights of the deceased automatically pass to the heirs, allowing them to also assume procedural rights.
- **E.3:** The lower court argued that the conditions for subrogation according to Art. 121 para. 2 of the Criminal Procedure Code were not met. The Federal Court clarified that universal succession according to Art. 560 of the Swiss Civil Code constitutes a legal subrogation and passes to the heirs.
- **E.4:** The Federal Court interpreted Art. 121 para. 2 of the Criminal Procedure Code to mean that the estate, even if the state appears as the sole heir, has the procedural ability to continue a civil action in the criminal proceedings. The lower court wrongly denied the right of the administrator to represent the estate in proceedings.

Summary of Disposition

The appeal was upheld, and the administrator was admitted as a private plaintiff. The lower court must decide on the costs anew, and the process costs will be imposed on the respondents.


6B_530/2025: Inadmissibility of the Appeal due to Multiple Attempted Coercion and Suspension of Proceedings

Summary of Facts

The appellant A.________ was convicted by the District Court of Brig, Östlich-Raron and Goms of multiple attempted coercion and sentenced to a conditional fine and a penalty. After an appeal, the Cantonal Court of Valais upheld the conviction but reduced the fine. The appellant's request for suspension of the proceedings due to alleged incapacity to stand trial was denied. The appellant filed an appeal before the Federal Court, requesting acquittal, referral for further examination of his capacity to stand trial, or suspension of the proceedings.


5A_90/2026: Recusal at the District Court of Muri

Summary of Facts

The appellant filed an appeal with the Federal Court against the decision of the Cantonal Court of Aargau dated January 14, 2026. The Cantonal Court partially approved recusal requests (regarding President Baumgartner and court clerk Bühler) and rejected them (regarding the other members of the District Court of Muri). The appellant requested the Federal Court to revise all previous decisions of the District Court and suspend ongoing measures.


7B_1384/2025: Federal Court Ruling on Formal Denial of Rights in Recusal Requests

Summary of Facts

The appellant A.________ submitted three personal letters to the Cantonal Court of Bern, requesting the initiation of a recusal procedure. The Cantonal Court asked the appellant's legal representative to clarify whether these submissions should be treated as a recusal request and set the submissions aside due to lack of response. The appellant then filed a criminal appeal with the Federal Court, seeking the cancellation of this order and the initiation of the recusal procedure.


7B_1364/2025: Unsealing of Mobile Phones in Criminal Proceedings

Summary of Facts

A.________ was searched in connection with a criminal investigation for assault, during which various Apple iPhone mobile phones were seized. A.________ requested their sealing. The Public Prosecutor's Office of Zurich-Sihl requested unsealing. The coercive measures court of the District Court of Zurich decided that there was no valid sealing request and that the mobile phones were released for search and use in the criminal investigation. A.________ appealed to the Federal Court, aiming to have the order revoked, the unsealing request denied, and the search prohibited.


2C_55/2026: Ruling on Animal Care Costs and Procedural Errors

Summary of Facts

The Veterinary Office of the Canton of Zurich imposed costs of CHF 11,912.50 on A.________ for the care of four horses. The Health Directorate of the Canton of Zurich did not address the appeal against this decision due to insufficient legal justification. The Administrative Court of the Canton of Zurich confirmed this and also did not address the appeal against the Health Directorate's decision due to lack of justification. The appellant then filed an appeal with the Federal Court, requesting the cancellation or reduction of the costs imposed on her.


2C_263/2025: Revocation of Residence Permit Due to Dependence on Social Assistance

Summary of Facts

The appellant A.________ from Bosnia and Herzegovina has lived in Switzerland since 1992 and has held a residence permit since 1997. Despite multiple social assistance claims since 2000, he has been permanently dependent on economic social assistance since 2013. He was not granted a disability pension and has never made a sustained effort to seek employment. In 2024, the Office for Migration and Integration of the Canton of Aargau decided to revoke his residence permit and order his expulsion. A.________ appealed against this decision. The Administrative Court of the Canton of Aargau dismissed the appeal.


7B_1363/2025: Inadmissibility of the Appeal Regarding Protocol Correction in Criminal Proceedings

Summary of Facts

The appellant A.________ filed a criminal appeal against the order and decision of the Cantonal Court of Zurich, III. Criminal Chamber, dated December 4, 2025, regarding protocol correction. She objected, among other things, to the incomplete or abbreviated recording of certain interventions by the chairperson and claimed a violation of constitutional procedural order, without detailing how federal law was allegedly violated.


2C_11/2026: Inadmissibility of the Appeal Concerning Compensation Claim Against AOZ Asylum Organization Zurich

Summary of Facts

A.________ filed a lawsuit with the Administrative Court of the Canton of Zurich, seeking compensation and satisfaction for unlawful infringement of personality rights, as well as a declaration of nullity of a clause in the house rules of the AOZ Asylum Organization Zurich. The Administrative Court did not enter the claim due to lack of jurisdiction and dismissed the appellant's request for free legal assistance. The appellant subsequently filed a public law appeal with the Federal Court.


7F_51/2025: Request for Revision Regarding Ruling

Summary of Facts

A.________ submitted a request for revision regarding the Federal Court ruling 7B_383/2025. In this ruling, the Federal Court did not enter into his appeal against an order of the Cantonal Court of Zug. The applicant is requesting in the revision request, among other things, the resumption of the proceedings and the reimbursement of costs.


5A_56/2025: Inadmissibility of the Appeal Concerning Attribution of Hypothetical Income in the Context of Maintenance Contributions

Summary of Facts

The ruling concerns a dispute over the determination of maintenance contributions for a child. The father, who is self-employed, contested before the Federal Court the attribution of a hypothetical income that was assigned to him by the cantonal courts, as he did not provide sufficient information about his income situation.


6B_544/2025: Ruling Regarding Criminal Proceedings and Violations Related to an Attempted Murder and Attempted Coercion

Summary of Facts

The Federal Court is dealing with an appeal from A.________ against a ruling of the Cantonal Criminal Court of Vaud. The appellant was convicted, among other things, of attempted murder out of passion and attempted coercion. In the appeal procedure, the penalty was slightly reduced and the fine was annulled. The appellant raises various objections, including a violation of his right to be heard and deficiencies in the establishment of facts and assessment of evidence.


6B_697/2025: Ruling Regarding Murder, Principle of Indictment, and Sentencing

Summary of Facts

The ruling concerns A.________, who is accused of committing a murder against B.________. The act took place in 2007, with the victim found dead on December 13. After years of interruptions and resumption of the criminal proceedings, A.________ was ultimately convicted. The Cantonal Court of Thurgau found him guilty of murder and imposed a prison sentence of 17 years, as the victim was lured into a forest under false pretenses and ultimately killed. A.________ raised various procedural objections before the Federal Court and contested the establishment of facts as well as the sentencing.


6B_928/2025: Decision on Expulsion and Hardship Review

Summary of Facts

The Somali appellant A.________ is accused of attempted serious bodily harm and multiple threats committed on April 28, 2023. He allegedly brutally attacked and severely injured the private plaintiff. The lower court convicted him and imposed a prison sentence of three and three-quarters years as well as an expulsion for eight years. The respondent only contests the order of expulsion.


7B_1334/2025: Ruling on Non-Prosecution Procedure and Inadmissibility

Summary of Facts

The Federal Court is addressing a criminal appeal from A.________ against the decision of the Cantonal Court of Aargau, which concerns the non-prosecution orders of the Public Prosecutor's Office of Zofingen-Kulm. The Cantonal Court did not enter into the appeal on October 24, 2025.


7B_1295/2025: Dismissal of an Appeal Regarding the Refusal of Early Enforcement of a Measure for Young Adults

Summary of Facts

An Iraqi national (born 2002) was arrested on multiple charges, including armed robbery, rape, and violations of the narcotics law, and is in pre-trial detention. Based on a psychiatric assessment, a measure for young adults according to Art. 61 of the Penal Code was deemed appropriate, but a request for early enforcement was rejected by the cantonal authorities. The appellant requested the Federal Court to order early enforcement or to refer the case back to the lower court for reassessment.


6B_488/2025: Coercion and Violation of Traffic Rules

Summary of Facts

A.A.________ is accused of having coerced his brother B.A.________ through aggressive behavior and violated traffic rules on June 12, 2021. He allegedly blocked the opposite lane with his vehicle and threatened and insulted his brother in his vehicle. The Public Prosecutor's Office and the District Court of Frauenfeld convicted A.A.________. The Cantonal Court of Thurgau partially acquitted him (insult) and convicted him of coercion and simple violation of traffic rules.


6B_762/2025: Ruling on an Appeal Against a Murder Verdict

Summary of Facts

The appellant A.________ is accused of having received a large sum of money from † G.B.________ through false representations between May and August 2019. After multiple payment requests from † G.B.________, A.________ allegedly postponed him with lies. On the night of August 4/5, 2019, A.________ is said to have driven † G.B.________ to the parking lot of the U1.________ swimming pool in W.________, where he allegedly shot † G.B.________ with a firearm. The lower court sentenced A.________ to a prison term of 18¼ years for murder.


6B_764/2024: Decision Regarding Criminal Offenses According to Art. 191 aCP

Summary of Facts

B.________ was convicted by the District Court of Lausanne on February 9, 2022, for sexual acts against a person unable to resist (according to Art. 191 aCP) towards C.________, receiving a prison sentence of one year with a conditional probation period of three years. The appeal by A.________ against this decision was dismissed by the Cantonal Criminal Court of Vaud on August 16, 2022. The Federal Court overturned the decision of the appellate court (ruling of July 3, 2023) and referred the matter back for reconsideration. The appellate court confirmed the first-instance ruling again on March 27, 2024. A.________ subsequently filed an appeal with the Federal Court.


7B_57/2026: Decision to Order Pre-Trial Detention Due to Risk of Reoffending

Summary of Facts

A.________ is being prosecuted for robbery and other offenses, including theft, bodily harm, and threats with a knife. The Regional Public Prosecutor's Office of the Bernese Jura-Seeland placed him in pre-trial detention due to perceived risk of reoffending. The coercive measures court and the Cantonal Court of Bern confirmed this measure. A.________ filed an appeal with the Federal Court, requesting his release or drug treatment as an alternative measure.


1C_79/2025: Decision on Approval of Land Adjustment in the Municipality of Terre di Pedemonte

Summary of Facts

The appeal concerns a building permit for land adjustment on properties of the B.________ construction cooperative in the municipality of Terre di Pedemonte. Following several previous rulings regarding adjacent construction projects and objections from the neighbor A.________ (now represented by his widow C.________), she again objects to the adjustment of the natural terrain with a colmation of excavated material, particularly citing possible violations of environmental law and inadequate substantiation.


2F_19/2025: Inadmissibility of the Revision Request and Free Legal Assistance

Summary of Facts

A.________ requested the revision of Federal Court rulings 2C_403/2025, 2C_417/2025 from August 21, 2025, which dealt with denial of rights and inadmissibility issues. The applicant raised various errors in the revision request, including an allegedly incorrect determination of facts, overlooked requests, and violations of the right to be heard.


7B_760/2023: Ruling on Multiple Violations of the Narcotics Law and Theft

Summary of Facts

A.________ was accused of distributing cocaine in various quantities and purities on multiple occasions and of stealing an electric bicycle. The District Court of Upper Wallis convicted him of multiple violations of the narcotics law, theft, and other offenses. The appeal before the Cantonal Court led to a largely confirmed ruling. Against this decision, A.________ filed a criminal appeal with the Federal Court.


7B_61/2026: Inadmissibility of the Appeal Against Pre-Trial Detention

Summary of Facts

The appellant A.________, a Portuguese citizen, was taken into pre-trial detention on suspicion of sexual offenses against minors. A criminal procedure is ongoing against him by the Public Prosecutor's Office of the Canton of Valais, and he is accused of having sexually abused his daughter and the daughter of a friend of his wife, among other things. The lower court recently extended the pre-trial detention until February 17, 2026, against which the appellant files an appeal with the Federal Court.


7F_44/2025: Request for Revision Regarding Federal Court Ruling 7B_264/2025

Summary of Facts

The applicant A.________ requested the revision of Federal Court ruling 7B_264/2025, in which the Federal Court did not enter into her appeal against an order of the Cantonal Court of Schwyz from February 12, 2025. The applicant submitted her revision request on September 15, 2025, requesting, among other things, the resumption of the criminal proceedings and the application of various legal provisions (Penal Code, Data Protection Act, Copyright Act).


6B_157/2025: Ruling Regarding Fraud and Multiple Bankruptcy Fraud

Summary of Facts

The appellant was convicted by the District Court of St. Gallen in 2022 for fraud and multiple bankruptcy fraud. The ruling was largely confirmed by the Cantonal Court of St. Gallen in 2024, noting a violation of the acceleration requirement.


7B_1381/2025: Inadmissibility of an Appeal Regarding Pre-Trial Detention and Assessment for Measure under Art. 60 of the Penal Code

Summary of Facts

A.________, against whom extensive criminal proceedings are underway due to various offenses, was initially released from pre-trial detention (October 15, 2024) but was arrested again on August 6, 2025, and later placed in pre-trial detention until February 10, 2026. The Public Prosecutor's Office has postponed decisions regarding the assessment under Art. 60 of the Penal Code. A.________ now requests the Federal Court to recognize a denial of rights and to instruct the Public Prosecutor's Office to immediately initiate an assessment.


5A_10/2026: Inadmissibility of an Appeal Regarding a Process Cost Advance

Summary of Facts

A.________ initiated an appeal procedure against a decision of the regional protection authority 3 of Lugano dated December 2/10, 2025. The president of the protection chamber of the Court of Appeal of the Canton of Ticino ordered on December 23, 2025, that A.________ should pay an advance of CHF 300 for the anticipated procedure costs by January 8, 2026. With an appeal dated December 30, 2025, A.________ requested the Federal Court to be exempted from the advance.


7B_1262/2025: Ruling Regarding Non-Prosecution and Security Deposit

Summary of Facts

The appellant filed an appeal with the Federal Court against an order from the prosecution chamber of the Canton of St. Gallen, which required him to provide a security deposit of CHF 1,500. This security deposit was necessary to continue a complaint procedure he initiated against the non-prosecution order of the Public Prosecutor's Office. A request for free legal assistance and a waiver of the security deposit was not made before the cantonal authority.


6B_501/2024: Restrictions on Professional Activities and Sexual Offenses

Summary of Facts

The Federal Court dealt with two appeals (6B_501/2024 and 6B_512/2024), one filed by the Public Prosecutor of the Canton of Vaud and the other by the appellant A.________ against a cantonal ruling. A.________ was convicted for exhibitionism, consumption of pedophilic pornography, and violation of the narcotics law. The ruling imposed a prison sentence and a lifelong restriction on activities related to minors. The cantonal authority had reduced the restriction to ten years.


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