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 dispositive parts. For the subsequent 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_231/2025: Order of Pre-Trial Detention
Summary of the Facts
A.________, a trustee, is suspected of embezzling and misappropriating assets totaling CHF 1.2 million by transferring funds from accounts of various estates and the B.________ GmbH, of which he is the managing director, to his own account to settle his debts. The coercive measures court in Hinwil ordered pre-trial detention, and the appeal against it was dismissed by the Zurich High Court. A.________ then approached the Federal Court and requested his release, among other things.
Summary of the Considerations
1. Admissibility of the Appeal The appeal in criminal matters is permissible according to Art. 80 para. 1 BGG against decisions of last cantonal instances. The Federal Court admits the appeal against the decision of the Zurich High Court of February 4, 2025. 2. Justification of Pre-Trial Detention (Art. 221 para. 1 lit. b StPO) The lower court affirmed the urgent suspicion of a crime and the special reason for detention due to the risk of collusion, while A.________ disputed this. 3. Urgent Suspicion (Art. 138 and Art. 158 StGB) (3.1) The suspicion that the appellant used assets to settle his own debts is supported by relevant statements and bank statements. (3.2) Considering the evidence and statements collected so far, the suspicion of qualified embezzlement and disloyal management is convincingly substantiated. 4. Risk of Collusion (4.1) Pre-trial detention due to the risk of collusion requires concrete indications. (4.2-4.6) There are no concrete indications that A.________ could influence witnesses or clients, and despite his business network, potential concealment actions are speculative and not sufficiently substantiated. The lower court falls into a circular reasoning by using the continuation of detention as a basis for potential collusion actions. Therefore, the risk is denied. 5. Contact Bans (Art. 237 para. 2 lit. g StPO) A request for contact bans from the appellant is unnecessary due to the denial of any risk of collusion.
Summary of the Dispositive Part
The appeal was granted, the decision of the High Court was overturned, and the appellant is released from detention.
7B_1170/2024: Decision on the Separation of Proceedings in Criminal Matters
Summary of the Facts
The Federal Court is dealing with an appeal by A.________ against the decision of the Criminal Chamber of the Waadt Cantonal Court (of September 3, 2024), which confirmed the separation of a criminal proceeding. The proceedings concern alleged crimes related to the management of the company C.________ SA, particularly fraud and the registration of fictitious employees with state authorities. Due to the unknown whereabouts of B.________ and the impending statute of limitations for certain offenses, the public prosecutor's office separated the proceedings. A.________ complains about the violation of the principle of procedural unity and equal treatment.
Summary of the Considerations
The Federal Court examines the admissibility of the legal remedy. It confirms that the appeal is generally admissible, but the subject of the appeal procedure is limited to the legal conformity of the separation of proceedings. Arguments that do not directly relate to the decision of the lower court are inadmissible. It is clarified that the appeal lacks sufficient reasoning in parts. Repetitions from the cantonal appeal instance are not taken into account. The principle of procedural unity (Art. 29 para. 1 and Art. 30 StPO) aims to avoid contradictory judgments. In exceptional cases, the separation of proceedings for objectively justified reasons such as the impending statute of limitations or the long absence of a co-defendant is permissible. The Federal Court notes that the separation decision is justified by the unknown duration of B.________'s residence and the impending statute of limitations for some offenses, as correctly presented by the lower court. The reference to alleged dishonesty of the public prosecutor's office, which had not initiated international legal assistance, is rejected as the prospects of success of these measures were uncertain and the present statute of limitations had to take precedence.
Summary of the Dispositive Part
The appeal is dismissed, and the request for free legal aid is also dismissed, with court costs of CHF 1,200.
6B_1335/2023: Judgment on the Issue of Violence and Threats Against Authorities and Officials
Summary of the Facts
The appellant (A.________) was accused of sending a threatening message via the contact form of the Basel-Stadt Cantonal Police on March 16, 2021. In it, he announced a command operation if problems at the Dreirosen facility were not resolved by the end of April 2021. The Basel-Landschaft Criminal Court acquitted him on January 23, 2023, of the charge of attempted intimidation of the public, but convicted him of attempted violence and threats against authorities and officials to a conditionally executable fine (CHF 190 per day for 50 days) and ordered him to bear the procedural costs. The Basel-Landschaft Cantonal Court confirmed the conviction on July 11, 2023, but reduced the procedural costs and credited replacement measures as well as the time served in custody against the fine. The appellant filed an appeal with the Federal Court.
Summary of the Considerations
1. **Establishment of Facts and Evidence Collection by Lower Courts** (E. 1–9): The lower courts relied on numerous indications, including the use of the same IP address and the connection of the appellant's mobile phone to the Basel-Stadt police website prior to the act. The Federal Court deemed the assessment of evidence by the lower courts as non-arbitrary and rejected the appellant's arguments, who referred to allegedly insecure websites and hypothetical third-party actions. 2. **Legal Question Regarding the Assessment of the Message** (E. 10): The Federal Court confirmed the lower court's position that the threatening message falls under Art. 285 StGB, as it was suitable to exert pressure on the police. Justification or excuse reasons under Art. 17 and 18 StGB were not recognized. 3. **Requirement for Acceleration and Duration of Proceedings** (E. 11): The Federal Court saw no violation of the acceleration requirement, as the duration of the proceedings was influenced by extensive submissions from the appellant. 4. **Sentencing and Replacement Measures** (E. 11.4–5): The lower court had correctly credited the replacement measures. The criticism of the daily rate was rejected due to insufficient justification. 5. **Compensation and Cost Distribution** (E. 12): The appellant's claim for compensation and satisfaction was rejected, as was the complaint regarding cost distribution.
Summary of the Dispositive Part
The appeal was dismissed, and the costs of the proceedings were imposed on the appellant.
7B_426/2023: Judgment Regarding Attempted Coercion
Summary of the Facts
The appellant A.________ was sentenced by the District Police Court of the Eastern Vaud region on July 4, 2022, for attempted coercion to a fine of 30 daily rates (CHF 110 per day) conditionally and to a fine of CHF 660. Additionally, he was ordered to pay B.________ compensation of CHF 3,322.20. The background was messages he sent to his estranged wife B.________ on WhatsApp regarding a divorce agreement on October 2, 2021. In these, he expressed threats if she did not sign the agreement, including financial damages and the cessation of maintenance payments to their daughter C.________. An appeal court confirmed the judgment on September 21, 2022. The appellant subsequently filed an appeal with the Federal Court.
Full summary of the judgment can be found in the Portal.
5A_839/2024: Dispute over Measures Concerning Personal Relationships – Withdrawal of the Legal Remedy before the Federal Court
Summary of the Facts
A.________ filed an appeal on December 5, 2024, against the decision of the president of the Civil Chamber of the Geneva Cantonal Court from November 1, 2024. The dispute mainly concerned the provisional suspension of personal relationships between the parties. After initiating the proceedings at the Federal Court, A.________ declared the withdrawal of the legal remedy on February 19, 2025. Questions regarding the distribution of procedural costs and party compensation then became contentious.
Full summary of the judgment can be found in the Portal.
9C_344/2024: Principles of Tax Refund on Partial Repayments of a Withdrawal from Occupational Pension
Summary of the Facts
A.A.________ and B.A.________ made a withdrawal from their occupational pension to finance home ownership and later repaid part of the withdrawal. The point of contention is the method of calculating the tax refund by the tax authorities of the Canton of Zurich. The appellants request a different refund method, which would be tax advantageous for them.
Full summary of the judgment can be found in the Portal.
9C_148/2025: Judgment on the Appeal in a Matter of Disability Insurance
Summary of the Facts
The appellant A.________ requested free legal aid in the context of a revision procedure before the Administrative Court of the Canton of Bern. This was denied due to the hopelessness of the request, and he was given a deadline to pay the procedural advance. After the appellant failed to comply, the Administrative Court did not consider his revision request and imposed procedural costs on him. The appellant subsequently appealed to the Federal Court.
Full summary of the judgment can be found in the Portal.
6B_53/2025: Judgment Regarding the Offense of Illegitimate Receipt of Social Security Benefits and Deportation
Summary of the Facts
A.A. was convicted by the Police Court of the Canton of Geneva for illegitimate receipt of social security benefits according to Art. 148a para. 1 StGB for the period from January 13, 2017, to July 31, 2019. He was charged with medium severity criminal energy and intentional violation of the reporting requirements for places of residence. The lower court sentenced him to a conditional prison sentence of seven months and ordered his deportation from Switzerland for five years. A.A. appealed to the Federal Court.
Full summary of the judgment can be found in the Portal.
4A_425/2024: Judgment on Tenancy Law: Reduction of Rent Due to Immissions
Summary of the Facts
The tenants of an apartment in Geneva complained from July 2020 about regular emissions of tobacco smoke from the apartment below, which affected their health. After several complaints and technical inspections by the landlord, the problem could not be completely resolved. The tenants moved to another apartment but only terminated the original lease with a delay. A request for rent reduction and damages was made.
Full summary of the judgment can be found in the Portal.
7B_191/2025: Judgment on Security Detention
Summary of the Facts
The appellant, A.________, a man without a residence permit and ties to Switzerland, was repeatedly convicted since 2015 for various offenses (including illegal residence, threats, bodily injury). After being released multiple times following several arrests, there was an acceleration of his delinquent activities. He is in pre-trial detention with the prospect of punishment for a series of offenses. The proceedings include, among other things, property offenses, bodily injury, threats, and unlawful residence.
Full summary of the judgment can be found in the Portal.
6B_201/2025: Ambiguity of a Legal Remedy Following Voluntary Withdrawal of the Appeal Proceedings
Summary of the Facts
The appellant (A.________) withdrew his appeal on January 22, 2025, in the appeal proceedings before the Criminal Chamber of the Waadt Cantonal Court. The Cantonal Court then discontinued the case and declared the judgment of the District Court of Lausanne of July 12, 2024, enforceable. The appellant filed an appeal with the Federal Court on February 25, 2025, with supplements on March 4, 2025, questioning the withdrawal of his appeal and requesting judicial support.
Full summary of the judgment can be found in the Portal.
6B_1059/2023: Judgment on a Criminal Matter
Summary of the Facts
The accused A.________ was convicted by the lower court for several offenses, including attempted coercion, coercion, endangerment of life, and rape. Furthermore, B.B.________ was awarded compensation for non-material damages. The accused raises various legal objections, particularly regarding the assessment of evidence, the interpretation of legal principles, and sentencing.
Full summary of the judgment can be found in the Portal.
7B_84/2025: Decision on the Continuation of Pre-Trial Detention and Rejection of Compensation for the Defense Attorney
Summary of the Facts
The appellant A.________ is a multiple offender without a residence permit or social ties in Switzerland. He has been repeatedly convicted for various offenses such as theft, property damage, violence against authorities and officials, and unlawful residence. In the context of several criminal proceedings, he was again arrested for further offenses, including threats, bodily injury, and exhibitionism. The competent cantonal authorities repeatedly confirmed the pre-trial detention. The appellant approached the Federal Court to achieve immediate release or, alternatively, the application of replacement measures. Additionally, he requested compensation and free legal aid.
Full summary of the judgment can be found in the Portal.
9C_88/2025: Decision on the Issue of Driver's License Revocation Due to a Serious Speeding Violation
Summary of the Facts
A.________ was photographed on January 24, 2022, on a main road at a speed of 114 km/h (after safety margin), instead of the permitted 80 km/h. Due to this serious violation of traffic rules, the Automobile and Navigation Service of the Canton of Vaud revoked A.________'s driver's license for three months on June 15, 2022. After filing complaints and a lengthy procedure, which also took into account delays in the process, this administrative measure was reviewed by the Federal Court.
Full summary of the judgment can be found in the Portal.
6B_78/2025: Decision on the Unadmissibility of an Appeal Procedure in a Criminal Matter
Summary of the Facts
The appellant A.________ filed an appeal against a decision of the Cantonal Criminal Court of Jura from December 3, 2024, which declared his cantonal appeal inadmissible. The reason for the inadmissibility was, among other things, his unjustified non-participation in a hearing related to an objection against a penal order decision. The appellant received a second deadline for the payment of the procedural costs but missed this and also failed to provide a sufficient written justification for the appeal.
Full summary of the judgment can be found in the Portal.
4A_147/2025: Definitive Legal Opening Procedure and Refusal of Free Legal Aid
Summary of the Facts
The appellant A.________ (debtor) appeals to the Federal Court against a decision of the Cour des poursuites et faillites of the Cantonal Tribunal of Vaud from December 31, 2024. The cantonal instance partially amended the decision of the peace judge of the district of Aigle, who had granted definitive legal opening in favor of the respondent B.________ (creditor) for CHF 551,848.35 and CHF 29,779.05 and had rejected the debtor's requests for free legal aid.
Full summary of the judgment can be found in the Portal.
7B_224/2025: Non-Admittance of a Criminal Investigation
Summary of the Facts
The appellant requested a criminal investigation against a health insurance company due to the cessation of sick day benefits. The public prosecutor's office decided not to proceed. The High Court of the Canton of Zurich dismissed an appeal against this decision. The appellant then filed a criminal appeal with the Federal Court, which was rejected or not treated due to lack of justification and deficiencies in legitimacy as well as late submissions.
Full summary of the judgment can be found in the Portal.
8C_106/2025: Decision on the Admissibility of a Legal Remedy in a Social Welfare Matter
Summary of the Facts
The appellant A.________ received social assistance benefits since November 2023, which were discontinued in March 2024, as he received financial support from unemployment insurance. The cantonal instance revoked this decision on the grounds that it was not assured that A.________ continued to receive unemployment insurance benefits after January 2024. The matter was referred back to the competent authority. The appellant appealed against both cantonal judgments to the Federal Court.
Full summary of the judgment can be found in the Portal.
6B_975/2024: Judgment Regarding Crimes and Sentencing Considering Responsibility
Summary of the Facts
A.A.________ was sentenced to a total prison sentence of 13 years, a fine of 60 daily rates, and a convertible fine for multiple serious offenses, including attempted intentional homicide, property damage, and defamation. The offenses occurred in the context of an escalating conflict with his former partner, B.________, and a dispute over the custody of their child. On February 18, 2022, A.A.________ physically attacked his ex-partner, attempted to injure her with a knife, and inflicted several injuries on her body, which were not life-threatening as long as medical care was provided.
Full summary of the judgment can be found in the Portal.
8G_1/2025: Correction of a Previous Judgment Regarding Accident Insurance
Summary of the Facts
The Swiss Accident Insurance Institute (CNA) requested the correction of the Federal Court judgment of December 3, 2024 (8C_231/2024), as this allegedly contains an obvious arithmetic error in the established degree of disability. It was to be verified whether the degree of disability regulated in that judgment of 30% was correctly calculated or should instead be 28%.
Full summary of the judgment can be found in the Portal.
5D_18/2025: Decision on the Appeal Regarding Cost Approval for Estate Administration
Summary of the Facts
The Federal Court is dealing with a subsidiary constitutional complaint. The subject is the cost determination for an estate administration over an estate. The appellant, appointed heir, complained about the duration of the administration and the amount of costs. The cantonal Supreme Court did not consider his legal remedy due to a lack of a quantified request and insufficient justification.
Full summary of the judgment can be found in the Portal.
4D_150/2024: Judgment on the Subsidiary Constitutional Right of Appeal in Mandate Disputes
Summary of the Facts
A lawyer (A.________) demanded overdue fees from two former clients (B.________ and C.________) amounting to CHF 27,534.35. Both the District Court of Sierre and the Civil Court II of the Cantonal Court of Valais rejected his claim, as the necessary information regarding the activity and invoicing was allegedly insufficient. The lawyer filed a subsidiary constitutional complaint with the Federal Court, which also failed.
Full summary of the judgment can be found in the Portal.
2F_6/2025: Unadmissibility of a Revision Action Regarding Permission to Practice Medicine
Summary of the Facts
The appellant A.________ requested the revision of a Federal Court judgment from April 28, 2021 (2C_256/2021). This judgment dismissed his action against the decision of the Waadt Cantonal Court, which refused permission to practice medicine as a self-employed person and to bill the mandatory health insurance. The appellant referred to a violation of his right to defense under the European Convention on Human Rights (ECHR), as he was in custody at the time of the original decision.
Full summary of the judgment can be found in the Portal.