Latest Judgments of the Federal Supreme Court
Here you will find the most recent judgments of the Federal Supreme Court (FSCS) from bger.ch. For the first three judgments, we present you with detailed summaries including facts, considerations, and rulings. For the further judgments, you will find a summary of the facts for each. 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 legal fields.
7B_1149/2026: Medical Care and Health Condition in Pre-trial and Preventive Detention
Summary of the Facts
The appellant is in pre-trial and preventive detention due to various property and traffic offenses. He requested his release due to a deteriorated health condition and the determination that the detention conditions violated Art. 3 ECHR and human dignity. The coercive measures court rejected the request; the appeal chamber of the Geneva Cour de justice confirmed this decision.
Summary of the Considerations
(Para. 1) An appeal in criminal matters against a decision on pre-trial or preventive detention is generally admissible. However, the appellant only challenges the detention conditions and not the legal grounds for detention; whether the request for determination and release is admissible can remain open due to the outcome of the proceedings. (Para. 2) Art. 3 ECHR, Art. 7 and Art. 10 para. 3 BV prohibit torture as well as inhuman or degrading treatment. State authorities must ensure appropriate medical care; an illness generally does not justify release from detention, unless detention would lead to serious, disproportionate consequences. Based on the medical certificate, the lower court was entitled to assume that the appellant was comprehensively and regularly treated, including psychiatrically, and that his health condition was compatible with detention. The appellant showed neither arbitrary findings of fact nor insufficient medical care or concrete life danger. That possibly no final diagnosis had yet been made or the expected effect of treatment was not achieved does not constitute a violation of Art. 3 ECHR. (Para. 3) The appeal is dismissed, insofar as it is admissible. Legal aid is refused due to lack of prospects of success; court costs are imposed on the appellant.
Summary of the Ruling
The appeal was dismissed insofar as it was admitted. Legal aid was refused due to lack of prospects of success and court costs were imposed on the appellant.
2C_575/2026: Residence Permit for a Hardship Case
Summary of the Facts
The Gabonese appellant had been staying in Switzerland since 2011 with interruptions and without a residence permit. After several convictions for illegal stay, he filed an application for the granting of a residence permit on humanitarian grounds or due to hardship; the cantonal authorities rejected the application and the subsequent appeal. Against the decision of the Cour de justice, he lodged an appeal in public law matters as well as a subsidiary constitutional complaint and requested the granting of a residence permit.
Summary of the Considerations
(Para. 3) The Federal Supreme Court examines its jurisdiction and the admissibility of the appeals ex officio. The appeal in public law matters is excluded because the invoked provisions do not confer a legal entitlement to a residence permit and no potential claim under Art. 8 ECHR exists; in particular, despite the long-term stay, there is no exceptional integration (Paras 3.1–3.4). (Para. 4) For the subsidiary constitutional complaint, the appellant lacks standing due to the absence of a legally protected position. The alleged violations of the principle of legality, the prohibition of arbitrariness, and the principle of proportionality do not establish such a position; no violation of party rights is asserted (Paras 4.1–4.4). (Para. 5) The appeals are manifestly inadmissible and are handled in summary proceedings. The request for suspensive effect becomes moot, legal aid is refused due to lack of prospects of success, and reduced court costs are imposed.
Summary of the Ruling
The appeal was declared inadmissible. Legal aid was refused and the appellant was ordered to pay reduced court costs of 500 Swiss francs.
6B_268/2026: Charge in Multiple Money Laundering and Mandatory Deportation Due to Qualified Violation of the Narcotics Act
Summary of the Facts
The appellant was sentenced to nine years' imprisonment and a conditional fine for qualified violation of the Narcotics Act and multiple money laundering, as well as other final convictions. In addition, he was deported from the country for ten years and the deportation was registered in the SIS. He requests acquittal from the multiple money laundering charges, a lower prison sentence, and waiver of the deportation.
Summary of the Considerations
Para. 1: The charge of money laundering was made at the latest in the detailed indictment and the subsequent concluding interrogation referring to it. The earlier incriminating statements were inadmissible due to insufficient charge but were not considered against him. The requirements of Art. 158 para. 1 lit. a StPO were met; the complaint is unfounded. The complaint raised for the first time before the Federal Supreme Court regarding the admissibility of other persons' interrogations is not admitted due to insufficient reasoning and lack of exhaustion of the cantonal remedies. The conviction for multiple money laundering remains; no further discussion on sentencing is necessary. Para. 2: The conditions for mandatory deportation due to qualified violation of the Narcotics Act are met. A serious personal hardship exists, but public interests in deportation outweigh the private interests of the appellant. Given the serious catalog offense, the large amount of narcotics, medium-level culpability, criminal energy, and poor prognosis, the deportation is proportionate despite family ties and possible separation from wife and children and complies with the Convention, Constitution, and federal law. Para. 3: The appeal is dismissed, insofar as it is admissible. The appellant bears the court costs.
Summary of the Ruling
The appeal is dismissed insofar as it is admitted. The appellant shall bear court costs of CHF 3,000.--.
6B_674/2026: Execution of the Sentence by Electronic Monitoring
Summary of the Facts
On 24 September 2026, the appellant filed an appeal against the judgment of the Cour suprême of the Canton of Bern dated 12 June 2025. He exclusively challenged the refusal to execute the prison sentence by electronic monitoring and additionally requested suspensive effect upon payment of the advance on costs.
Full summary of the judgment can be found on the portal.
7B_129/2026: Recusal of a Public Prosecutor Due to Alleged Bias
Summary of the Facts
A.________ faced criminal proceedings for various offenses. He requested the recusal of prosecutor B.________, citing in particular an escalation of allegations, statements in a submission, and repeated procedural errors. The cantonal appeals authority rejected the recusal request but found a denial of justice regarding a missing decision on the removal of file items.
Full summary of the judgment can be found on the portal.
5A_165/2026: Visitation Rights of a Former Partner and Provisional Guardianships
Summary of the Facts
A.________ and B.________ lived in a cohabitation and jointly pursued the desire to have children. A.________ gave birth to C.________; a joint adoption procedure by B.________ is still pending. After the separation, B.________ was granted extensive visitation rights. The responsible peace judge confirmed these visitation rights and established a provisional guardianship to support upbringing and supervise personal contact. A.________'s cantonal appeal against this order and the refusal of legal aid was dismissed.
Full summary of the judgment can be found on the portal.
5A_254/2026: Maintenance Contributions in Measures to Protect the Marital Community
Summary of the Facts
The spouses, parents of two minor children, live separated and exercise alternating custody. As part of measures to protect the marital community, the cantonal lower court fixed maintenance contributions for the wife and the children. The husband particularly challenged the calculation of his subsistence minimum and the hypothetical income credited to the wife.
Full summary of the judgment can be found on the portal.
2C_234/2026: Access to Full Medical File of a Minor Patient
Summary of the Facts
The minor A.A.________, represented by her mother, contested in disciplinary proceedings that the pediatrician did not inform the mother about a consultation of the father at the HUG and the related medical report. The cantonal authorities dismissed the appeal after determining that the mother was in possession of the complete medical records including the HUG report and medical notes.
Full summary of the judgment can be found on the portal.
1C_427/2026: Non-admission of the Appeal Concerning Legal Aid in Warning Withdrawal
Summary of the Facts
The Road Traffic Office of the Canton of Zug withdrew A.________'s driver's license for four months. In the appeal proceedings before the Administrative Court, A.________ requested legal aid but did not submit all required documents despite an extension of the deadline. The Administrative Court rejected the request and set the advance on costs. A.________ lodged an appeal against this decision with the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
7B_710/2026: Appeals Against Non-admission Orders and Regarding Penal Enforcement
Summary of the Facts
The appellant filed criminal appeals against a decision of the Administrative Court of the Canton of Schwyz regarding penal enforcement and against orders of the Cantonal Court of Schwyz regarding non-admission. The appeals were filed on 29 May 2026; regarding the administrative court decision, she also filed a request for restoration of the appeal deadline.
Full summary of the judgment can be found on the portal.
1C_571/2025: De-zoning and Material Expropriation in Land-Use Planning Adjustment
Summary of the Facts
A.________ owns a parcel in Rossinière which was partially assigned to a building zone according to the land-use plans of 1986 and 1991. During a later adjustment of local planning, the parcel was assigned to the agricultural zone. A.________ requested compensation from the Canton of Vaud for material expropriation. The DGTL rejected the request, while the lower court assumed de-zoning and remanded the matter for examination of the feasibility. The Canton of Vaud filed an appeal.
Full summary of the judgment can be found on the portal.
7B_1019/2026: Non-admission of the Appeal Concerning Non-admission and Recusal
Summary of the Facts
The appellant filed criminal appeals against orders of the Cantonal Court of Schwyz which had not admitted his appeals against prosecutorial orders concerning non-admission and recusal. He asserted that the lower court had wrongly disregarded his substantive complaints.
Full summary of the judgment can be found on the portal.
1C_422/2026: Appeal Against Refusal of Authorization to Open Criminal Proceedings
Summary of the Facts
The appellant filed a criminal complaint against employees of the Office for Consumer Protection and Veterinary Affairs of the Canton of St. Gallen. The reason was the threatened confiscation of his female dog in ongoing administrative proceedings. The indictment chamber refused authorization to open criminal proceedings, upon which the appellant appealed to the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
5A_913/2026: Appeal Concerning Withdrawal of the Right to Determine the Daughter's Place of Residence
Summary of the Facts
B.________ is the daughter of A.________ and C.________. The regional protection authority 3 office in Lugano withdrew A.________'s right to determine the minor's place of residence as a precaution, placed B.________ in a suitable institution for assessment, and suspended personal contact between the parents and the daughter. A.________ appealed; after the inpatient assessment was completed and the placement lifted, the cantonal lower court closed the proceedings. On 14 September 2026, A.________ filed a civil appeal against this decision with the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
4A_372/2026: Non-admission of the Appeal Concerning Provisional Legal Enforcement
Summary of the Facts
The District Court of Bremgarten granted the respondent provisional legal enforcement for CHF 32,000 plus interest in a debt collection. The High Court of the Canton of Aargau dismissed the appeal against this. The appellant then went to the Federal Supreme Court and also requested legal aid.
Full summary of the judgment can be found on the portal.
7B_1254/2026: Non-admission of the Appeal Concerning Restoration of Deadline and Subsequent Appeal
Summary of the Facts
The Federal Criminal Court rejected the appellant's request for restoration of the deadline to declare the subsequent appeal and did not admit the subsequent appeal due to late submission. The appellant filed an appeal against this decision with the Federal Supreme Court on 22 September 2026 and requested in essence the restoration of missed deadlines and continuation of the proceedings.
Full summary of the judgment can be found on the portal.
6B_153/2026: Police Identity Check and Inadmissibility of Resulting Evidence
Summary of the Facts
The Police Tribunal of the Canton of Geneva sentenced A.________ to 120 days imprisonment for breach of deportation and violation of the weapons law. The cantonal appellate court acquitted him because the police identity check, RIPOL queries, and search of his backpack were unlawful and the evidence obtained was inadmissible. The public prosecutor appealed this decision in criminal matters.
Full summary of the judgment can be found on the portal.
6B_26/2026: Evaluation of Evidence in Feigned Burglary
Summary of the Facts
The High Court of the Canton of Aargau confirmed the conviction of the appellant for attempted fraud and obstruction of justice. She was accused of feigning a burglary in her retail store, submitting a damage report for stolen goods worth CHF 314,047.84, and filing a criminal complaint against unknown perpetrators. The appellant requested acquittal before the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
2D_25/2026: Residence Permit for Study Purposes and Temporary Admission
Summary of the Facts
The appellant, a citizen of the Democratic Republic of Congo, had been in Switzerland since 2019 with a residence permit for study purposes. After definitively failing a second master's degree, the cantonal office refused to extend the residence permit and ordered her removal. The cantonal remedies were unsuccessful. She filed a subsidiary constitutional complaint against the Cour de justice decision and requested extension of her study stay or temporary admission.
Full summary of the judgment can be found on the portal.
4A_93/2026: Contractual Liability of the Tax Advisor for Incorrect Advice on VAT Obligation
Summary of the Facts
B.________ Sàrl commissioned A.________ SA with advising and support, particularly in accounting and tax matters. A.________ SA wrongly informed B.________ Sàrl that it was not obligatorily subject to VAT due to the authorization of C.________ to practice Chinese medicine. After B.________ Sàrl recognized its VAT obligation, it paid CHF 379,926.69 to the Federal Tax Administration and claimed this amount as damages from A.________ SA. The trial court initially dismissed the claim; the Cour de justice then affirmed the breach of duty of care and awarded the full amount to B.________ Sàrl.
Full summary of the judgment can be found on the portal.
2C_535/2026: Non-admission of the Appeal Concerning International Administrative Assistance in Tax Matters
Summary of the Facts
The Ukrainian State Tax Service requested administrative assistance under the Convention on Mutual Administrative Assistance in Tax Matters (MAC) concerning seven companies and demanded information about their banking relationship with an information holder. The ESTV ordered the assistance; the Federal Administrative Court rejected the appeals against this. The companies filed an appeal in public law matters with the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
7B_1120/2026: Non-admission of the Appeal Concerning Preventive Detention
Summary of the Facts
The public prosecutor is conducting a criminal investigation against the appellant, among other things for threatening his ex-wife. After being in pre-trial detention since 23 December 2025, the coercive measures court placed him in preventive detention until 20 October 2026. The High Court dismissed his appeal against this decision, insofar as it was admissible. The appellant requested immediate release before the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
8F_6/2026: Revision of a Judgment Concerning Coverage of a Relapse by Accident Insurance
Summary of the Facts
By judgment of 12 March 2026, the Federal Supreme Court dismissed the applicant's appeal against the refusal of coverage of a relapse by CNA. The applicant filed a request for revision on 29 April 2026, alleging that the Federal Supreme Court had not dealt with several submissions, evidence, and questions and had violated Art. 121 lit. c BGG and his right to be heard.
Full summary of the judgment can be found on the portal.
7B_1178/2026: Non-admission of the Appeal Concerning Forced Medication
Summary of the Facts
The Administrative Court of the Canton of Aargau dismissed an appeal against a decision of the Psychiatric Services Aargau AG concerning forced medication and did not admit a recusal request. The appellant filed several submissions to the Federal Supreme Court, raising various largely unrelated criminal allegations.
Full summary of the judgment can be found on the portal.
6B_677/2024: Admissibility of Statements, Correction of Protocol, and Obtaining Expert Opinions in Sexual Offenses
Summary of the Facts
A.________ was convicted of multiple rapes, multiple sexual coercion, multiple deprivation of liberty, and coercion. The High Court of the Canton of Aargau increased the prison sentence to four and a half years and the deportation to ten years. A.________ appealed this judgment and the rejection of his request to correct the protocol before the Federal Supreme Court, requesting acquittal and psychiatric and testimonial psychological expert opinions.
Full summary of the judgment can be found on the portal.
6B_799/2025: Evaluation of Evidence and Conviction for Multiple Theft
Summary of the Facts
The District Court of Zurich convicted A.________ inter alia for multiple theft, fraud, and forgery. The High Court of the Canton of Zurich confirmed these convictions but acquitted him of mismanagement and reduced the sanction. A.________ requested acquittal of the multiple theft charge and a new regulation of the sanction, confiscation, civil claim, and costs and compensation consequences before the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
9C_119/2026: Tax Deductibility of Replacement of a Damaged Retaining Wall
Summary of the Facts
The married couple A.A.________ and B.A.________, residents of the Canton of Thurgau, had the damaged retaining wall of their holiday home in the Canton of Ticino completely demolished and rebuilt in 2022. They declared CHF 175,833.– as deductible property maintenance costs; the Canton of Ticino accepted the deduction, while the Tax Administration of the Canton of Thurgau refused it. The Administrative Court of the Canton of Thurgau remanded the matter for supplementation of facts and reassessment, against which the Tax Administration appealed.
Full summary of the judgment can be found on the portal.
5A_1002/2026: Appeal Concerning Protective Custody and Delay of Justice
Summary of the Facts
The appellant was placed under protective custody. After the dismissal of his appeal by the Administrative Court, he requested a fully reasoned judgment and appealed to the Federal Supreme Court because it had not been served to him at the time of filing the appeal. The reasoned judgment has since been prepared and served.
Full summary of the judgment can be found on the portal.
2C_410/2026: Non-admission of the Appeal Concerning Recognition of a Diploma and Advance on Costs
Summary of the Facts
The appellant filed a complaint with the Federal Administrative Court against a decision concerning the recognition of a diploma. The Federal Administrative Court requested payment of an advance on costs of 1,500 Swiss francs and threatened non-admission if payment was not made in time. Since she neither paid the advance nor proved timely payment, the Federal Administrative Court declared the appeal inadmissible and ordered her to pay procedural costs of 250 Swiss francs. She filed an appeal against this decision with the Federal Supreme Court, citing her lack of financial means.
Full summary of the judgment can be found on the portal.
2C_413/2026: Restoration of Deadline and Non-admission Due to Untimely Payment of Advance on Costs in Residence Permit Proceedings
Summary of the Facts
The appellant, a Kosovar national with a family reunification residence permit, did not pay the advance on costs ordered by the Administrative Court within the deadline. His request for restoration of the deadline due to health problems was rejected, whereupon the Administrative Court did not admit his appeal against the expiration and non-renewal of the residence permit. He filed an appeal in public law matters and a subsidiary constitutional complaint.
Full summary of the judgment can be found on the portal.
5A_1004/2026: Non-admission of the Appeal Concerning Legal Aid in Proceedings Regarding Modification of Divorce Judgment
Summary of the Facts
A proceeding concerning modification of the divorce judgment was pending before the Civil Court of Basel-Stadt. The appellant requested legal aid for this, which the Civil Court rejected; the Court of Appeal dismissed the appeal against this decision, insofar as it was admitted. Before the Federal Supreme Court, she requested the annulment of this decision and the granting of legal aid for the cantonal and federal proceedings.
Full summary of the judgment can be found on the portal.
5A_898/2026: Appeal Concerning Revocation of Placement, Transfer of Custody, and Legal Aid
Summary of the Facts
The appellant and the respondent are parents of a child born in 2017. After the mother's imprisonment, the child was placed in 2019. The APEA revoked the placement, transferred the right to determine the child's place of residence to the father, and awarded him custody. The cantonal court declared the mother's appeal obviously unfounded and refused her legal aid. During the Federal Supreme Court proceedings, the decision was executed and the child was with the father in France.
Full summary of the judgment can be found on the portal.
9C_422/2025: Tax Aggregation of Capital Withdrawals from Pension Funds
Summary of the Facts
The appellant received three capital payments from pension funds in the context of partial retirements. The cantonal tax authorities aggregated the two last capital withdrawals for rate determination and assessed him for direct federal tax as well as cantonal income and wealth taxes accordingly. The cantonal appeals were unsuccessful; before the Federal Supreme Court, he requested independent assessment of the capital withdrawals.
Full summary of the judgment can be found on the portal.
2C_471/2026: Non-admission of the Appeal Concerning Administrative Detention for the Purpose of Enforcing Removal
Summary of the Facts
The Algerian appellant entered Switzerland. After the rejection of his asylum application, a criminal conviction with deportation, and expiration of the departure deadline without use, the responsible office ordered administrative detention for a maximum of three months; the Cantonal Court confirmed this detention. The appellant requested release before the Federal Supreme Court but did not specify how the challenged decision violated the law and did not supplement his submission despite request.
Full summary of the judgment can be found on the portal.
9C_232/2026: Assessment Base of the Issuance Duty in a Shelf Company Transaction
Summary of the Facts
The appellant sold all shares of a de facto liquidated company. She declared the shelf company transaction and requested the issuance duty to be calculated on net assets minus the exemption amount, while the ESTV fixed the duty on the nominal value of all existing participation rights. The Federal Administrative Court rejected the complaint; the appellant filed an appeal against this decision with the Federal Supreme Court.
Full summary of the judgment can be found on the portal.
2C_513/2025: Residence Permit and Deportation Due to Gender Reassignment and Mental Disorders
Summary of the Facts
The appellant from Brazil entered Switzerland as a small child but only received a residence permit in 2017. He received social assistance for a long time, had debts, and was involved in a pending criminal case. After his request for extension of his residence permit was denied and deportation was ordered, the cantonal lower court dismissed his appeals. Before the Federal Supreme Court, he argued in particular that deportation to Brazil would violate Art. 3 ECHR and Art. 25 para. 3 BV due to his gender reassignment and mental illnesses.
Full summary of the judgment can be found on the portal.