Latest Judgments of the Federal Supreme Court
Here you will find the most recent judgments of the Federal Supreme Court (BGer) from bger.ch. For the first three judgments, we present detailed summaries with facts, considerations, and dispositives. 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 individually tailored to your areas of law.
6B_66/2026: Non-admission of the appeal regarding discretionary expulsion and right to be heard
Summary of the facts
The appellant A.________ is accused of having committed several attempted thefts and trespassing in 2019. The District Court of Zurich initially sentenced him to three months' imprisonment and waived expulsion. The Court of Appeal of the Canton of Zurich sentenced him to an increased prison term of eight months and a three-year expulsion. The Federal Supreme Court partially overturned this first appellate judgment and referred the matter back to the lower court for reassessment. In the second decision, the Court of Appeal again upheld the expulsion.
Summary of the considerations
- E.1.1 – 1.2: The Federal Supreme Court reviews the procedure and excludes further requests for file access as well as a second exchange of briefs.
- E.2.1 – 2.2.3: The lower court based the discretionary expulsion on Art. 66abis of the Criminal Code as well as the principle of proportionality according to the Federal Constitution (Art. 5 para. 2, Art. 36 para. 2 and 3 FC) and the European Convention on Human Rights (Art. 8 para. 2 ECHR). The appellant's protective interests had to be weighed against public interests.
- E.2.2.4: The appellant's right to be heard (Art. 29 para. 2 FC) was violated because he was not informed of essential clarifications (information from the Swiss Embassy in Colombo). A remedy of this hearing violation before the Federal Supreme Court is excluded, as it concerns factual questions.
- E.2.3: The Federal Supreme Court finds that the lower court did not comply with its instruction in judgment 6B_919/2023 in a legally compliant manner, especially regarding the investigation of the appellant's living conditions in Sri Lanka.
- E.3: The appeal is partially upheld, and the judgment is annulled. The matter is then to be referred back to the lower court for a new decision.
Summary of the dispositive
The appeal was partially upheld, and the judgment annulled. The matter is referred back to the lower court for a new decision, without court costs and with compensation for the appellant's legal representative.
5G_2/2025: Non-admission of the appeal regarding correction of a judgment
Summary of the facts
The appellant submitted a request based on Art. 129 BGG, demanding correction of the Federal Supreme Court judgment 5A_681/2024 of 21 February 2025. The original submission concerned, among other things, the recusal of federal judges and the annulment of decisions of the lower courts.
Summary of the considerations
The Federal Supreme Court found that the appellant's original submission of 21 February 2025 had already been declared inadmissible under the procedure pursuant to Art. 108 para. 1 lit. b BGG. With his submission of 31 March 2025, the appellant requested correction of the mentioned judgment under Art. 129 BGG. Such a correction is only possible if it concerns clarification or correction of the dispositive, but not changing its content. The requirements for correction under Art. 129 para. 1 BGG were not met here, as the submission did not aim to clarify or correct the dispositive. A substantive change of the judgment does not fall within the scope of Art. 129 BGG. Due to the lack of substantiated reasoning, the submission was deemed inadmissible. The costs of the procedure are imposed on the appellant, who is again reminded of an existing warning regarding abusive procedural conduct.
Summary of the dispositive
The appellant's submission was declared inadmissible, and court costs of CHF 1,500 were imposed on him. The judgment is served to the parties involved.
5A_399/2026: Non-admission of the appeal concerning restoration of the deadline for lodging an objection
Summary of the facts
The appellant lodged an objection at the debt collection office Niederhasli-Niederglatt against the determination that his objection in a debt collection procedure was late. After the District Court Dielsdorf rejected his request for restoration of the deadline for lodging the objection and the unsuccessful appeal to the Court of Appeal of the Canton of Zurich, he brought an appeal to the Federal Supreme Court.
Summary of the considerations
- (E.1): The Federal Supreme Court outlines the course of the lower courts. The District Court and the Court of Appeal dismissed the appellant's requests or appeals. - (E.2): It is explained to the appellant that there is no entitlement to an oral hearing in the Federal Supreme Court proceedings (Art. 57 BGG). - (E.3): The grounds of appeal did not meet the requirements of Art. 42 para. 2 BGG, as there was no targeted engagement with the legal arguments of the lower courts. Sufficient complaints about any violation of federal law were lacking. - (E.4): The Court of Appeal held that the appellant's flu did not constitute a sufficiently comprehensible reason for missing the deadline, especially since he had taken over work from his business partner despite being ill. An alternative possibility for meeting the deadline, such as lodging the objection by e-mail, was not substantively contested. - (E.5): Further submissions regarding health restrictions and other issues (e.g. maintenance claims) were not suitable to demonstrate legally relevant defects in the decisions of the lower courts. - (E.6): The appeal clearly lacked sufficient grounds, so it was not admitted in summary proceedings (Art. 108 para. 1 lit. b BGG).
Summary of the dispositive
The appeal was not admitted, and the court costs were imposed on the appellant.
6B_36/2026: Non-admission of the appeal regarding rape and sexual coercion
Summary of the facts
B.________ was convicted by the Criminal Court of the Canton of Geneva (judgment of 11 October 2024) inter alia for rape (Art. 190 para. 1 CC) and sexual coercion (Art. 189 para. 1 CC) to the detriment of A.________ to four years' imprisonment. Additionally, he was ordered to pay CHF 15,000 as compensation and to be expelled from Switzerland for five years. This judgment was overturned by the Chambre pénale d'appel et de révision of the Canton of Geneva on 11 December 2025, after which B.________ was acquitted. A.________ filed an appeal against this decision with the Federal Supreme Court.
The complete summary of the judgment can be found on the portal.
2C_309/2026: Non-admission of the appeal regarding asylum and expulsion
Summary of the facts
The German national A.________ (born 1980) applied for asylum on 15 October 2024. The State Secretariat for Migration (SEM) rejected the application on 15 November 2024, withdrew the refugee status, and ordered expulsion and enforcement of the expulsion. The Federal Administrative Court rejected an appeal against this on 26 November 2024. A subsequently submitted revision request against this judgment was declared inadmissible on 18 May 2026 due to non-payment of the advance on costs. A.________ then filed an appeal to the Federal Supreme Court on 23 May 2026.
The complete summary of the judgment can be found on the portal.
6B_194/2026: Non-admission of the appeal regarding criminal proceedings
Summary of the facts
The appellant lodged a criminal appeal against two judgments of the Court of Appeal of the Canton of Zurich. The underlying criminal proceedings involved allegations such as threats, insults, battery, and simple bodily injury. The Court of Appeal acquitted the respondent B.B.________ of all allegations and dismissed the appellant's claims for compensation and damages. The appellant was partially conditionally convicted by the Court of Appeal for threats and battery against B.C.________ (son of B.B.________).
The complete summary of the judgment can be found on the portal.
6B_864/2025: Non-admission of the appeal regarding sentencing
Summary of the facts
The appellant A.________ was convicted by the Federal Criminal Court for attempted counterfeiting, violations of the Narcotics Act and the Weapons Act to a prison sentence of 52 months and a conditionally executable fine. After lodging an appeal, the appellate chamber reduced the prison sentence to 47 months and increased the fine to 150 daily rates of CHF 80.– each. A.________ now appeals to the Federal Supreme Court requesting, among other things, a 24-month prison sentence and the granting of conditional execution.
The complete summary of the judgment can be found on the portal.
5A_4/2026: Non-admission of the appeal regarding enforcement of a lien
Summary of the facts
A.________ opposed the enforcement of a lien on a property that served as the residence of her partner C.________'s family. She complained that she was not served a duplicate of the payment order. The lower courts dismissed A.________'s submissions due to lack of standing and late action.
The complete summary of the judgment can be found on the portal.
7B_384/2026: Non-admission of the appeal regarding advance on costs
Summary of the facts
The Chambre pénale de recours admitted an appeal against a dismissal order of the Geneva public prosecutor, overturned the latter, and referred the matter back for further processing. The appeal by A.________ against this decision was later declared moot.
The complete summary of the judgment can be found on the portal.
7B_478/2026: Non-admission of the appeal regarding non-admission of a criminal investigation
Summary of the facts
The district attorney's office Uster discontinued a criminal investigation against C.________ for battery. A.A.________ lodged an "objection" against this dismissal. The Court of Appeal of the Canton of Zurich requested her to clarify in writing whether she indeed wished to file an appeal, set a non-extendable deadline for this, and did not admit the appeal due to missed deadline. A.A.________ then filed an appeal with the Federal Supreme Court.
The complete summary of the judgment can be found on the portal.
5F_19/2025: Non-admission of the appeal regarding revision of an inadmissibly declared judgment
Summary of the facts
The appellant, A.________, submitted a revision request against the Federal Supreme Court judgment (5A_681/2024) of 21 February 2025, which declared his then request for recusal of three Geneva magistrates and the annulment of several judgments inadmissible.
The complete summary of the judgment can be found on the portal.
5A_383/2026: Non-admission of the appeal regarding refusal of suspensive effect in bankruptcy proceedings
Summary of the facts
B.________ AG initiated bankruptcy proceedings against A.________ SA. By judgment of 28 April 2026, A.________ SA was declared bankrupt. The bankrupt party appealed and requested the granting of suspensive effect, which the lower court refused on 30 April 2026.
The complete summary of the judgment can be found on the portal.
6B_67/2026: Non-admission of the appeal regarding commercial theft and expulsion
Summary of the facts
The appellant was accused of having committed several, partly attempted and commercial, thefts between February and August 2022, as well as other offenses such as trespassing, property damage, threats, violence and threats against officials, and violations of the Narcotics Act. The District Court Bülach and the Court of Appeal of the Canton of Zurich found him guilty on various counts and imposed a prison sentence of 72 months. In addition, a ten-year expulsion was ordered.
The complete summary of the judgment can be found on the portal.
8C_307/2026: Non-admission of the appeal regarding disability insurance
Summary of the facts
The appellant opposed the decision of the Federal Administrative Court, which confirmed the decision of the IV office (IVSTA) to grant him a full pension from 1 September 2020 and only a quarter pension from 1 July 2021 from the disability insurance.
The complete summary of the judgment can be found on the portal.
8C_686/2025: Upholding the appeal regarding the concept of accident
Summary of the facts
The respondent, employed as a gardener and insured against accidents with Suva, reported a back injury on 6 May 2024 while lifting a tree. Suva denied her entitlement to benefits, as the incident did not meet the criteria of an accident. After the insured objected, Suva confirmed its denial with a decision of objection of 11 September 2024. The Insurance Court of St. Gallen overturned this objection decision and referred the dispute back to Suva for reconsideration. Suva appealed to the Federal Supreme Court, requesting the annulment of the lower court's decision and confirmation of its objection decision.
The complete summary of the judgment can be found on the portal.
5A_305/2026: Non-admission of the appeal regarding bankruptcy and legal aid
Summary of the facts
The appellant A.________ Sàrl was declared bankrupt by the Tribunal de première instance of the Canton of Geneva on 19 February 2026. Despite payment of the debt within the appeal period, no documentation was provided to demonstrate solvency. The Cour de justice of the Canton of Geneva therefore dismissed the appeal on 19 March 2026 and confirmed the bankruptcy. A.________ Sàrl filed a civil appeal against this with the Federal Supreme Court and requested both suspensive effect and legal aid.
The complete summary of the judgment can be found on the portal.
6B_292/2026: Non-admission of the appeal regarding revision request
Summary of the facts
The appellant filed a criminal appeal against the decision of the Court of Appeal of the Canton of Zurich, which did not admit a revision request submitted by him. The Federal Supreme Court examined whether the appeal met formal requirements and whether sufficient grounds were provided.
The complete summary of the judgment can be found on the portal.
6B_683/2025: Non-admission of the appeal regarding gross traffic rule violation and coercion
Summary of the facts
The Cantonal Court of Lucerne (20 May 2025) confirmed the first-instance conviction of the appellant for gross traffic rule violation (Art. 90 para. 2 SVG, Art. 37 para. 1 SVG, Art. 12 para. 2 VRV) and coercion (Art. 181 CC). The appellant braked abruptly without reason on an open road, causing a collision, and was fined conditionally with 45 daily rates of CHF 30.– and court costs. The appellant requested acquittal and that the costs be borne by the public treasury, which was rejected.
The complete summary of the judgment can be found on the portal.
6G_2/2026: Non-admission of the appeal regarding request for clarification on advance payment of costs
Summary of the facts
The applicant filed a request for clarification regarding the Federal Supreme Court judgments 6B_1189/2023 and 6B_1264/2023 of 19 January 2026. The present procedure concerned the payment of the advance on costs, which was not made despite the set grace period.
The complete summary of the judgment can be found on the portal.
7B_440/2025: Non-admission of the appeal regarding legal aid
Summary of the facts
The public prosecutor's office Bischofszell did not pursue a criminal complaint for fraud, usury, coercion, and forgery of documents against Bank D.________ AG. A.A.________ and C.A.________ filed an appeal against this with the Court of Appeal of the Canton of Thurgau and requested legal aid in the appeal proceedings. The Court of Appeal rejected this on the grounds of the hopelessness of the appeal. The appellants then turned to the Federal Supreme Court and also requested the granting of legal aid and the annulment of the Court of Appeal's decision.
The complete summary of the judgment can be found on the portal.
6B_726/2025: Non-admission of the appeal regarding cost consequences after death of the accused
Summary of the facts
Peter W.A. Ott-Fässler was convicted on 1 July 2022 by the single judge at the District Court Kriens for several offenses, including environmental protection, water protection, and traffic violations, to a fine and a penalty. The Cantonal Court of Lucerne amended this judgment on 6 May 2025, reduced the penalty, and adjusted the cost consequences accordingly. After the accused's death on 6 August 2025, the heirs requested the termination of the proceedings and the determination that the fine, penalty, and procedural costs were no longer enforceable. This was rejected by the Cantonal Court and later by the Federal Supreme Court.
The complete summary of the judgment can be found on the portal.
7B_514/2026: Non-admission of the appeal regarding non-admission order and legal aid
Summary of the facts
The appellant opposed the non-admission order of the public prosecutor's office See/Oberland as well as the rejection of his request for legal aid by the Court of Appeal of the Canton of Zurich. He filed a criminal appeal with the Federal Supreme Court.
The complete summary of the judgment can be found on the portal.