Latest Federal Supreme Court Judgments
Here you will find the most recent judgments of the Federal Supreme Court (FSCS) from bger.ch. For the first three judgments, we present detailed summaries including facts, considerations, and dispositives. For the further judgments, you will find a summary of the facts in each case. The full 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_370/2026: Non-admission of the appeal concerning commercial fraud
Summary of the facts
A.A. was repeatedly convicted of fraudulent conduct, in particular commercial fraud. The allegations concerned various acts between September 2008 and November 2023 and included identity theft, use of forged documents, and deception of third parties to obtain money, goods, or services. A psychiatric evaluation found a slightly reduced culpability as well as a significant risk of relapse.
Summary of the considerations
The appellant challenged an arbitrary establishment of facts and evaluation of evidence, especially regarding the question of deliberate deception in commercial fraud. The Federal Supreme Court followed the arguments of the lower court and held that the appellant repeatedly and systematically acted through complex deceptive maneuvers. The commercial modus operandi was confirmed since the offenses were aimed at a regular and planned source of income. The Federal Supreme Court confirmed the negative prognosis decision made by the lower court. The continued offenses and the lack of a consciousness process do not justify suspension of the sentence. The appellant requested suspension of the sentence in favor of an outpatient treatment program. However, the lower court saw no necessity in this, as treatment can be carried out during imprisonment. The complaints regarding the civil claims of the affected victims were dismissed due to insufficient reasoning.
Summary of the dispositive
The appeal was dismissed, the request for legal aid was rejected, and the court costs were imposed on the appellant.
7B_808/2026: Non-admission of the appeal concerning denial and delay of justice
Summary of the facts
The appellants A.A. and B.A. filed an appeal for denial and delay of justice with the Zurich Cantonal Court. The Cantonal Court set a deadline to improve the appeal and to provide security but did not admit the appeal because these requirements were not met, and imposed court costs on the appellants. The appellants appealed this order before the Federal Supreme Court and requested the annulment of the order and a referral for substantive examination as well as legal aid and representation.
Summary of the considerations
- E.1: The Zurich Cantonal Court did not admit the cantonal appeal because neither a sufficiently improved appeal was submitted nor was the security paid. - E.2: The appeal to the Federal Supreme Court does not meet the reasoning requirements of Art. 42 para. 1 and 2 BGG. In particular, it lacks engagement with the reasoning of the lower court as well as a concrete demonstration of how federal law is allegedly violated. General references to the inactivity of the prosecuting authorities and general appeals to constitutional and convention rights are insufficient. - E.3: The appellants do not show in what way the required security payment or the non-admission due to its non-payment should be unlawful. - E.4: Since the appeal was obviously hopeless, the request for legal aid and representation is dismissed. Court costs are imposed on the appellants.
Summary of the dispositive
The Federal Supreme Court did not admit the appeal and rejected the application for legal aid. Court costs were imposed on the appellants.
4A_171/2026: Non-admission of the appeal concerning the qualification of payments as loans or gifts
Summary of the facts
The appellant A.________ made payments to the respondent B.________ as well as to third parties in the total amount of CHF 48,500.–, which he retrospectively claimed as loans. The lower courts, however, qualified these payments as gifts. The plaintiff's appeal before the Federal Supreme Court mainly concerns the legal qualification of the transfers, the evaluation of evidence, and procedural decisions of the lower court.
Summary of the considerations
- E.1: The admissibility requirements of the appeal are met. - E.2: The Federal Supreme Court states that it limits itself to the parties' complaints and cannot consider any subsequent facts unless the lower court’s fact-finding is obviously incorrect. Moreover, the appellant’s submission failed to meet the reasoning requirements in several respects. - E.3.1: The lower court found that no repayment obligation was agreed upon and that the respondent could assume the payments were gifts. - E.3.5: Regarding a belatedly submitted reply by the respondent, the lower court held that under certain circumstances, layperson protection justifies such an extension of deadlines, which occurred in the specific case. An analysis of the appellant’s complaints led to no different result. - E.3.6: The lower court rejected all of the appellant’s complaints about the refusal of motions for evidence and saw no violation of the principle "iura novit curia". - E.3.7: A legal error regarding evidence or its evaluation was denied since no substantiated reasoning was provided as to which evidence concerning which circumstances was allegedly wrongfully not admitted.
Summary of the dispositive
The appeal was dismissed. Court costs were imposed on the appellant and no party compensation was awarded.
9C_664/2025: Non-admission of the appeal concerning disability pension and occupational measures
Summary of the facts
The appellant A.________, a former window fitter, suffered a knee injury and applied to disability insurance due to resulting impairments. The disability insurance relied on expert reports confirming that A.________ is capable of working in an adapted job with a reduced work output of 30%, and rejected his benefit claims. The appellant submitted further specialist medical reports, especially regarding his mental state, and claimed a deterioration of his health condition, which ultimately was not recognized. After the negative decision of the cantonal court, he requested the award of a pension and occupational measures at the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
1C_236/2026: Non-admission of the appeal concerning the revocation of facilitated naturalization
Summary of the facts
A.________, a Moroccan national, became a Swiss citizen by facilitated naturalization in 2018. Subsequently, in 2023, the State Secretariat for Migration (SEM) revoked the facilitated naturalization due to doubts about the stability and seriousness of the marital community. The Federal Administrative Court confirmed this decision in 2026. A.________ lodged an appeal with the Federal Supreme Court requesting reinstatement of naturalization.
The full summary of the judgment can be found in the portal.
4A_37/2026: Non-admission of the appeal concerning contract interpretation of a financing agreement
Summary of the facts
The plaintiff, A.________ GmbH, owner of a property in Germany, concluded a financing agreement with the defendant, B.________ GmbH, for the construction of a business premises. Disputed was, among other things, whether the defendant also had to bear the expenses for furnishing a conference room. The Commercial Court of the Canton of Zurich dismissed the plaintiff's claim for payment of construction costs and lost rental income. The plaintiff filed an appeal against this with the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
6B_177/2026: Non-admission of the appeal concerning fraud and forgery of documents
Summary of the facts
The appellant, A.________, was convicted by the Police Court of the district of La Broye and Nord Vaud for fraud (Art. 146 SCC) and forgery of documents (Art. 251 SCC). This particularly concerned false statements in a Covid-19 loan application. The Vaud Cantonal Court rejected the appellant’s appeal. Before the Federal Supreme Court, the appellant asserts misjudgments by the lower courts, a violation of the presumption of innocence, as well as arbitrariness and errors in the evaluation of evidence.
The full summary of the judgment can be found in the portal.
7F_43/2026: Non-admission of the appeal concerning a request for revision
Summary of the facts
A.________ filed a request for revision against the Federal Supreme Court judgment 7B_333/2026 of May 12, 2026, in which the Federal Supreme Court did not admit his appeal against an order of the Bern Cantonal Court of March 2, 2026. The revision request also included a motion to examine the recusal of Federal Judge Koch.
The full summary of the judgment can be found in the portal.
4A_199/2026: Non-admission of the appeal concerning abusive dismissal
Summary of the facts
The appellant was employed by the respondent and initially demanded payment for overtime hours in conciliation proceedings. During the conciliation proceedings, the employer gave notice of termination. The appellant then claimed abusive dismissal and demanded compensation pursuant to Art. 336a CO. The Civil Court of Basel-Stadt dismissed the claim because the employee did not file a timely written objection to the dismissal. The employee’s appeal to the Basel-Stadt Court of Appeal was unsuccessful. The employee lodged an appeal with the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
7B_705/2026: Non-admission of the appeal concerning a recusal request
Summary of the facts
A criminal proceeding for assault against A.________ is pending before the Regional Court Emmental-Oberaargau. A.________ requested the recusal of the presiding judge, as he assumed her bias based, among other things, on an email from a court employee. The Bern Cantonal Court rejected the recusal request (insofar as it admitted it) and ordered A.________ to pay court costs amounting to CHF 1,200.––. The appellant then filed a criminal appeal with the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
7B_865/2025: Non-admission of the appeal concerning the ordering of a DNA profile
Summary of the facts
In the canton of Vaud, an investigation is underway against A.________, a Nigerian national, for alleged serious violations of the Narcotics Act. He is said to have carried out at least six transports of a total of 7.11 kilograms of cocaine from Italy to Switzerland between February and March 2022. After his extradition to Switzerland, he has been in pre-trial detention since May 2025. On July 18, 2025, the public prosecutor ordered the creation of a DNA profile of A.________. This order was confirmed on August 4, 2025, by the appeals chamber of the Vaud Cantonal Court. A.________ filed an appeal against this before the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
6B_187/2026: Non-admission of the appeal concerning revision in criminal proceedings
Summary of the facts
Two accused persons (A.________ and B.________) filed appeals against a decision of the Vaud Criminal Court II (dated February 4, 2026), which had dismissed their revision requests against a 2023 judgment. The original facts concern serious crimes, including rape, whereby the lower courts convicted the perpetrators based on the statements of the alleged victim and other evidence. The appellants based their revision requests on a new written statement by a co-accused (D.________) as well as alleged new electronic messages.
The full summary of the judgment can be found in the portal.
8C_422/2026: Non-admission of the appeal concerning inadmissible submission
Summary of the facts
The appellant filed an appeal with the Federal Supreme Court on June 22, 2026, against a decision of the lower court delivered to her on May 27, 2026. The appeal was directed against the cantonal decision of May 18, 2026, which declared inadmissible a submission filed by the appellant on May 4, 2026.
The full summary of the judgment can be found in the portal.
5A_419/2026: Non-admission of the appeal concerning validation of a power of attorney for care
Summary of the facts
The affected person E.________ (born 1930) had created three powers of attorney for care: The power of attorney dated June 8, 2017, appointed her two daughters (A.________ and B.________) as care attorneys. The power of attorney dated April 18, 2018, appointed B.________ for personal care and lawyers C.________ and D.________ for asset care. In the power of attorney dated June 1, 2022, the affected person appointed A.________ with personal and asset care. The Child and Adult Protection Authority (KESB) declared the power of attorney dated April 18, 2018, valid and rejected other requests. This was confirmed both by the Administrative Appeals Commission of the Canton of St. Gallen and the St. Gallen Cantonal Court. A.________ applied before the Federal Supreme Court for validation of the power of attorney dated June 1, 2022.
The full summary of the judgment can be found in the portal.
7B_961/2026: Non-admission of the appeal concerning extension of pre-trial detention
Summary of the facts
The appellant appealed to the Criminal Chamber of the Canton of Geneva against the extension of his pre-trial detention, which was ordered by the coercive measures court until September 9, 2026. The cantonal instance dismissed the appeal on July 1, 2026. The appellant then lodged an appeal with the Federal Supreme Court.
The full summary of the judgment can be found in the portal.
6B_428/2026: Non-admission of the appeal concerning sentencing in a drug trafficking case
Summary of the facts
The Regional Court Berner Jura-Seeland convicted A.________ on June 4, 2025, of serious violation of the Narcotics Act as well as a misdemeanor under the same act. It imposed a prison sentence of 36 months with partial probation (12 months unconditional, probation period of three years), a fine of CHF 300, and ordered expulsion for ten years. On May 5, 2026, the 2nd Criminal Chamber of the Bern Cantonal Court increased the prison sentence to 42 months on appeal by the public prosecutor, crediting 554 days of pre-trial detention. The other points of the judgment were confirmed. A.________ then filed an appeal with the Federal Supreme Court. He requested a prison sentence of 36 months with partial probation (18 months unconditional, probation period of two years) and alternatively a referral of the case for reassessment.
The full summary of the judgment can be found in the portal.
6B_276/2026: Non-admission of the appeal concerning attempted bodily injury and Narcotics Act
Summary of the facts
The appellant, an Algerian national, was convicted by the Regional Court Jura bernois-Seeland (first instance) and the Bern Cantonal Court (second instance) for attempted serious bodily injury, attempted simple bodily injury with a dangerous object, and an offense against the Narcotics Act. The judgments also included expulsion and an entry in the Schengen Information System (SIS). The appellant filed a criminal appeal and requested, among other things, the annulment of criminal liability and expulsion.
The full summary of the judgment can be found in the portal.