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 including facts, considerations, and dispositions. 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 you will receive the latest judgments tailored to your areas of law.
7B_921/2023: Unsealing of Seized Items and Records
Summary of Facts
A.________ was subjected to a house search as part of a criminal investigation for money laundering and other offenses, during which various items were seized. A.________ submitted a petition for sealing, which was declared invalid by the District Court. A.________ filed a complaint with the Federal Court against this decision, requesting the annulment of the order.
Summary of Considerations
(1) The Federal Court examined the previous instance's decision on sealing according to the applicable provisions at the time. The appellant's reference to "personally sensitive data" was considered a sufficient ground for sealing. (2) The lower court did not examine valid sealing grounds regarding certain items, particularly for the appellant's smartphone, which constituted a violation of federal law. However, it acted correctly regarding other items, as no confidentiality interests were raised. (3) The complaint was partially upheld, and the findings of the lower court concerning the smartphone were annulled and referred back for re-examination.
Summary of Disposition
The complaint was partially upheld, and the lower court was instructed to re-examine the smartphone. The other requests were rejected.