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Concise summaries of Federal Supreme Court decisions with clear sources and context.

New Federal Court rulings from 23.10.2026

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 including facts, considerations, and rulings. 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_294/2026: Sentencing, inpatient therapeutic measure and expulsion

Summary of the facts

A.________ was sentenced to 24 months imprisonment for multiple property damage, arson, prisoner riot, and multiple acts of violence or threats against authorities and officials. In addition, an inpatient therapeutic measure under Art. 59 SCC and a five-year expulsion order were imposed. He specifically challenged the measure, the sentencing, the expulsion, and the refusal of party compensation.

Summary of the considerations

(Para. 1) The inpatient therapeutic measure could be based on the still current psychiatric expert opinion and its supplement. A new expert opinion was not necessary due to lack of significant change in circumstances; the right to be heard was not violated by the supplement without a new personal examination. The requirements of Art. 59 SCC were met, whereas outpatient treatment was insufficient. (Para. 2) The principles of sentencing, total penalty, and additional penalty in retrospective concurrence are presented. The cantonal reasoning for the additional penalty did not meet the requirements of Art. 49 and 50 SCC as well as Art. 112 para. 1 lit. b BGG, because it considered offender components too early, did not sufficiently explain the individual penalties and the increase, and did not plausibly explain the effects of diminished culpability. The case is therefore to be remanded for resentencing. The other complaints regarding personal circumstances, reformatio in peius, and conditional execution are unfounded. (Para. 3) The mandatory expulsion due to arson is generally to be ordered. Although there is a severe personal hardship due to the mental disorder, lack of education, and dependence on parents, the public interest in the expulsion prevails. The five-year expulsion is proportionate and does not violate national or international law. (Para. 4) Party compensation under Art. 429 para. 1 lit. a CPC is excluded due to lack of corresponding requirements. The request for suspensive effect becomes moot. (Para. 5) The appeal is partially upheld regarding sentencing; otherwise it is dismissed insofar as it is admissible.

Summary of the ruling

The appeal was partially granted and the judgment concerning the additional imprisonment of 24 months was annulled. Otherwise, the appeal was dismissed insofar as it was admissible; the appellant was granted a reduced party compensation.


4D_155/2026: Appeal against a non-admission decision in enforcement procedure

Summary of the facts

The Bern Cantonal Court did not enter into the appellant's appeal against an enforcement decision due to failure to pay the cost advance. The appellant requested assistance from the Federal Supreme Court but did not clearly state, despite corresponding requests, that she wanted to file an appeal against the cantonal court's non-admission decision.

Summary of the considerations

(Para. 1) The Bern Cantonal Court did not enter into the appeal due to non-payment of the cost advance. The appellant filed a submission with the Federal Supreme Court from which it was not clear whether she wished a formal appeal procedure. (Para. 2) In her reply, she only described her financial situation and commented on the debt collection office and procedural costs. A clear and unambiguous declaration to file an appeal against the non-admission decision was lacking. The procedure was therefore closed as settled; court costs and party compensations were neither charged nor awarded.

Summary of the ruling

The procedure is closed as settled. No court costs are charged and no party compensation is awarded.


7B_764/2026: Non-admission of the appeal regarding non-handling order and recusal

Summary of the facts

The appellant lodged an appeal against the non-handling order of the Vaud cantonal public prosecutor, which was dismissed by the cantonal appeals chamber. She appealed this decision in criminal matters and additionally requested suspensive effect and legal aid.

Summary of the considerations

(Para. 1) The Federal Supreme Court examines its jurisdiction and admissibility requirements ex officio. (Para. 1.1.1–1.1.3) The private plaintiff must concretely specify which civil claims might be affected by the contested decision in the non-handling order; the appellant did not do so and is therefore not entitled to appeal on the merits. (Para. 1.2) Appeal entitlement based on the right to appeal does not apply, as no such objection was raised. (Para. 1.3) The alleged violations of the right to an impartial court, the right to be heard, and access to justice do not meet the increased reasoning requirements. (Para. 2) The appeal is dismissed as inadmissible in summary proceedings; legal aid is refused due to lack of prospects; court costs are imposed on the appellant, and the request for suspensive effect becomes moot. (Para. 3) The appellant is warned that future procedural or abusive submissions may be filed without further examination.

Summary of the ruling

The appeal is not admitted. Legal aid is refused, the request for suspensive effect is closed as moot, and court costs are imposed on the appellant.


2C_438/2026: Denial of justice regarding deletion from the population register

Summary of the facts

A.________ was removed ex officio from the population register of the city of Neuchâtel on 28 July 2023. After she requested restoration of her registration in March 2026 and filed a complaint with the cantonal department for denial of justice, she proceeded due to the alleged lack of provisional measures to the cantonal court and subsequently filed a complaint for denial of justice with the Federal Supreme Court.


4D_172/2026: Non-admission of the appeal regarding definitive enforcement

Summary of the facts

The Dietikon District Court granted definitive enforcement to the Canton of Zurich for CHF 67.-- plus interest and interest claims in a debt collection proceeding. The Zurich Cantonal Court dismissed the appeal filed against this decision, did not enter into a recusal request, and rejected the application for legal aid. The appellant then proceeded to the Federal Supreme Court and also requested legal aid there.


4D_146/2026: Non-admission of the appeal regarding definitive enforcement

Summary of the facts

The St. Gallen District Court granted definitive enforcement to the Canton of St. Gallen for CHF 1,600.-- plus interest. The St. Gallen Cantonal Court dismissed the appeal filed against this decision, insofar as it admitted it. The appellant then proceeded with an appeal to the Federal Supreme Court and requested, among other things, legal aid, suspensive effect, and file access.


4D_167/2025: Enforcement for unpaid maintenance contributions

Summary of the facts

The spouses agreed on monthly maintenance contributions as part of their separation. The wife initiated enforcement for unpaid maintenance contributions and requested definitive enforcement based on negotiation protocols signed by the court president but not signed by the parties. The first-instance court granted the request; the cantonal appellate court dismissed it because the agreement was not judicially approved and the protocols were not signed by the parties. The wife filed a subsidiary constitutional complaint.


7B_1311/2026: Pre-trial detention and substitute measures in case of flight risk

Summary of the facts

The public prosecutor conducted a criminal investigation against the appellant for theft and other offenses. After his arrest, he was placed in pre-trial detention due to flight risk; the cantonal court dismissed his appeal against this. Before the Federal Supreme Court, he requested annulment of this decision, his release from custody, or the ordering of substitute measures.


4D_130/2026: Non-admission of the appeal regarding enforcement due to non-payment of cost advance

Summary of the facts

The appellant filed an appeal against a decision of the St. Gallen Cantonal Court regarding enforcement. Despite requests and a set deadline extension, he did not pay the cost advance of CHF 800.--.


6B_445/2025: Begging in the immediate vicinity of shops and proportionality of the fine

Summary of the facts

The appellant was fined for begging in the immediate vicinity of two shops under Art. 11A para. 1 lit. c LPG/GE. The cantonal appellate court reduced the fine to 80 francs; the appellant appealed in criminal matters and requested, in particular, acquittal.


4G_2/2026: Explanation and correction as well as revision of a presidential order

Summary of the facts

Following a presidential order of the Federal Supreme Court dated 2 September 2026, the petitioner filed requests for explanation and correction as well as, alternatively, for revision. He also requested legal aid and representation.


6B_344/2025: Binding effect of the remand decision, sentencing and cost allocation in traffic offenses

Summary of the facts

The appellant was convicted of multiple gross and qualified breaches of traffic rules, multiple unauthorized driving, and other offenses. After partial remand by the Federal Supreme Court, the cantonal court partially acquitted him and sentenced him to a partially conditional prison sentence of two years and six months, a fine, and a penalty. The appellant requests further acquittals, alternatively remand, and legal aid.


9C_577/2025: Tax treatment of profit from sale of a parcel intended for railway infrastructure

Summary of the facts

The appellants sold an agriculturally used parcel located in the agricultural zone to a company that intended to build a depot workshop for its railway activities on it. After the final plan approval by the Federal Office of Transport and the transfer of ownership in 2018, the tax authorities fully taxed the profit as income from self-employment and not privileged as real estate gain. The cantonal administrative court partially upheld the appeal and remanded the case for recalculation; the taxpayers appealed this decision to the Federal Supreme Court.


6B_453/2025: Criminal sanction for begging in the immediate areas of a shop

Summary of the facts

The appellant was fined for multiple instances of begging in the immediate areas of a shop. The cantonal appellate court partially confirmed the convictions and imposed a fine of 260 francs; the appellant appealed in criminal matters.


2C_279/2026: Expulsion from Switzerland and the Schengen area

Summary of the facts

The Kosovar appellant, whose residence permit was revoked and against whom an entry ban was imposed, illegally returned to Switzerland after his expulsion. Due to further criminal allegations, the cantonal authority ordered his immediate expulsion from Switzerland and the Schengen area; the cantonal court dismissed the appeal against this. In the federal proceedings, he partially paid the installments of the granted cost advance late.


5F_56/2026: Revision of a judgment regarding income garnishment

Summary of the facts

A.________ applied for revision of judgment 5A_792/2026, which declared his appeal inadmissible due to manifestly insufficient reasoning and imposed court costs of CHF 500.--. He relied on Art. 123 para. 2 lit. a BGG, claimed violations of constitutional and convention rights, requested provisional suspension of income garnishment, and applied for legal aid.


4F_30/2026: Non-admission of the appeal regarding revision of a judgment due to inadvertent non-consideration of significant facts

Summary of the facts

The petitioner filed an appeal concerning a claim for payment of CHF 10,320.-- alleging delay/denial of justice regarding file access. After the appellate court dismissed the appeal, the Federal Supreme Court did not enter into the subsequent appeal due to manifestly insufficient reasoning. The petitioner then requested revision of this judgment under Art. 121 lit. d BGG.


6B_939/2025: Requirements for partial suspension of a prison sentence

Summary of the facts

The appellant was sentenced to an unconditional prison term of 33 months for commercial fraud, fraud, attempted fraud, and forgery. He requested before the Federal Supreme Court to suspend 21 months and enforce 12 months unconditionally, alleging particularly favorable circumstances.


1C_538/2026: Non-admission of the appeal regarding dismissal of appeal procedure on license plate withdrawal

Summary of the facts

The Administrative Appeal Commission of the Canton of St. Gallen dismissed the appeal procedure regarding the withdrawal of license plates because the appellant did not pay the required cost advance and did not submit the contested order. The Administrative Court did not enter into the appeal due to insufficient reasoning. The appellant then proceeded to the Federal Supreme Court.


6B_131/2025: Revision of penal orders due to facsimile signature

Summary of the facts

A.________ was fined in Geneva in over one hundred cases, mainly for begging, via penal orders. After the unpaid fines were converted into substitute prison sentences and she was imprisoned, she requested revision of the penal orders on the grounds that they only bore a pre-printed facsimile signature. The cantonal authority did not enter into the revision request, upon which A.________ filed a criminal appeal.


6B_962/2024: Principle of indictment in breach of fiduciary duty and money laundering

Summary of the facts

The Schwyz Criminal Court convicted A.________ for breach of fiduciary duty, money laundering, and improper bookkeeping. The Schwyz Cantonal Court acquitted her of breach of fiduciary duty and money laundering charges and convicted her only for improper bookkeeping with a fine. The Schwyz Chief Public Prosecutor appealed this decision in criminal matters.


4A_238/2026: Non-admission of the appeal regarding enforcement due to non-payment of cost advance

Summary of the facts

The appellant filed an appeal against a decision of the Uri Cantonal Court regarding enforcement. Despite requests and a set deadline extension, she did not pay the cost advance for the federal procedure.


8C_288/2026: Calculation of valid income in case of holiday and public holiday compensation on an hourly wage

Summary of the facts

The insured injured his left ankle at work and was accident-insured with CNA. CNA denied entitlement to an invalidity pension and awarded a 15% integrity compensation. The cantonal lower court, however, granted an invalidity pension from 1 September 2024 with a degree of 20%. CNA requested annulment of this decision and confirmation of its objection order before the Federal Supreme Court.


4A_406/2026: Non-admission of the appeal regarding legal aid and extension of time limit

Summary of the facts

The Zurich District Court dismissed the applicant's request for legal aid before filing the lawsuit. The appellate court rejected her request for extension of the appeal deadline and closed the appeal proceedings. The applicant appealed to the Federal Supreme Court and requested legal aid including legal representation.


6B_239/2025: Begging in the immediate vicinity of shops and restaurants

Summary of the facts

The appellant was fined CHF 350 for begging at five different locations in Geneva based on Art. 11A para. 1 lit. c LPG/GE. The cantonal appellate court reduced the fine to CHF 240; he appealed in criminal matters and requested acquittal in particular.


7B_1240/2026: Preventive detention for violation of an entry ban and suspicion of drug trafficking

Summary of the facts

A.________ was charged with serious violation of the Narcotics Act and violation of an entry ban. The coercive measures court ordered preventive detention and refused release; the cantonal appellate court confirmed both orders. Before the Federal Supreme Court, A.________ requested immediate release and challenged in particular the lack of sufficient grounds for suspicion and the use of unlawfully obtained evidence.


8C_595/2025: Contribution period and number of daily allowances of unemployment insurance

Summary of the facts

The insured worked for a long time for an employer and became fully unable to work from August 2021. After termination of employment, she received sickness daily allowances and registered for unemployment benefits from March 2023. From May 2023, she was recognized as employable with 20% work capacity. The unemployment fund granted her a maximum of 260 daily allowances. A subsequently agreed payment of CHF 257,000 by the former employer was partly classified as a voluntary employer contribution. The lower court dismissed the appeal.


5A_1007/2026: Requirements for reasoning in appeals against the lifting of personal contact

Summary of the facts

The unmarried and separated parties are parents of a child under guardianship. After the appellant was hospitalized intoxicated during his custody time, his personal contact was initially suspended and later arranged with accompaniment. The child and adult protection authority lifted the visitation right and assigned sole parental custody to the respondent. The appellate court did not enter into the appeal due to insufficient reasoning.


4A_467/2026: Non-admission of the appeal regarding information about housing-related data

Summary of the facts

The appellant requested information from the respondent regarding the whereabouts of moving or housing clearance-related information. The civil district court dismissed the claim; the cantonal court dismissed the appeal insofar as it admitted it. The appellant appealed this decision to the Federal Supreme Court.


4D_174/2026: Non-admission of the appeal regarding definitive enforcement for back taxes and fines

Summary of the facts

The Basel-Landschaft West Civil District Court granted the Canton of Basel-Landschaft definitive enforcement for back taxes and fines on direct federal tax 2014. The cantonal court did not enter into the appellant's appeal. The appellant challenged the decision with a subsidiary constitutional complaint, alternatively with a civil appeal, before the Federal Supreme Court.


7B_1056/2026: Withdrawal of early execution of an inpatient therapeutic measure and preventive detention

Summary of the facts

The appellant was sentenced to 38 months imprisonment for various offenses; an inpatient therapeutic measure was also ordered and preventive detention maintained. Early execution of the measure was later approved; subsequently, the president of the criminal appeals chamber revoked this approval and ordered preventive detention without sufficiently hearing the appellant before the revocation, justifying the decision, or appointing a defense counsel.


4A_420/2026: Non-admission of the appeal regarding rental agreement due to non-payment of cost advance

Summary of the facts

The appellant filed an appeal with the Federal Supreme Court against a judgment of the Zurich Cantonal Court regarding a rental agreement. Despite requests and a set deadline extension, he did not pay the cost advance of CHF 800.--.


4D_128/2026: Cost advance for appeal in corporate law

Summary of the facts

The appellant filed an appeal against a judgment of the Graubünden Cantonal Court in a corporate law matter. She did not pay the imposed cost advance either within the deadline or within the set extension period.


6B_29/2025: Begging in the immediate vicinity of shops and a post office

Summary of the facts

The appellant was fined CHF 580 for multiple instances of begging in the immediate vicinity of shops and a post office as well as other cantonal violations. The cantonal court dismissed her appeal; before the Federal Supreme Court, she requested annulment of the judgment and acquittal in particular.


7B_1283/2026: Qualified risk of recidivism and release from preventive detention

Summary of the facts

The appellant was sentenced at first instance for numerous offenses, including attempted serious bodily injury, attempted robbery, and aggravated extortion, to 63 months imprisonment and other sanctions and placed in preventive detention. His request for release was denied by the cantonal authorities. He appealed the decision of the appellate court and requested immediate release, alternatively substitute measures.


4D_123/2026: Non-admission of the appeal regarding declaratory action

Summary of the facts

The appellant sought a declaratory judgment that a debt of CHF 8,004.-- plus interest does not exist and claimed CHF 8,000.-- in compensation. The district court dismissed the claim; the appellate court also dismissed the appeal. The appellant appealed the appellate decision to the Federal Supreme Court.


6B_840/2025: Victim and party status of a client in criminal proceedings for breach of fiduciary duty

Summary of the facts

The accused was convicted in summary proceedings for multiple breaches of fiduciary duty and multiple forgeries. The appellant, a client of the private plaintiff, subsequently became a private plaintiff and filed an appeal. The appellate court denied his victim and party status, did not enter into the appeal, partially dismissed his recusal request, and ordered protective measures regarding the received files and bank customer data. The appellant appealed this decision to the Federal Supreme Court.


7B_932/2026: Recusal request against a public prosecutor

Summary of the facts

The appellants filed a recusal request against the responsible public prosecutor. The vice president of the criminal appeals chamber of the Vaud cantonal court declared the request inadmissible due to obvious abuse of law; the appellants appealed in criminal matters and requested legal aid.


4D_153/2026: Appeal against a non-admission decision in enforcement procedure

Summary of the facts

The Bern Cantonal Court did not enter into the appellant's appeal against an enforcement decision due to failure to pay the cost advance. The appellant filed submissions with the Federal Supreme Court, commented on her personal and financial situation, and requested assistance, but did not clearly state that she wished a formal appeal procedure against the cantonal court's non-admission decision.


6B_281/2025: Criminality of begging near shops

Summary of the facts

The appellant was convicted for begging on several days near shops under Art. 11A para. 1 lit. c LPG/GE. The cantonal court reduced the fine to CHF 110; he appealed to the Federal Supreme Court and requested acquittal in particular.


7B_1235/2026: Release from preventive detention and ordering of substitute measures

Summary of the facts

The appellant was in preventive detention for serious drug offenses, property offenses, and a serious bodily injury offense. His requests for release from preventive detention and for appointment of his legal counsel as public defender were denied by the coercive measures court and the appellate court. Before the Federal Supreme Court, he requested release, alternatively substitute measures, appointment of his legal counsel as public defender, and legal aid.


5A_959/2026: Non-admission of the appeal regarding seizure notification

Summary of the facts

The Basel-Stadt debt collection office served the appellant a summons and seizure notification. His appeal against this was dismissed by the lower supervisory authority insofar as it was admitted, and the appellate court also dismissed the subsequent appeal. The appellant filed a submission with the Federal Supreme Court designated as a "objection" and announced a complaint supplement by his lawyer, which did not arrive.


4A_395/2026: Cost advance for appeal due to formal denial of justice

Summary of the facts

A.________ filed an appeal with the Federal Supreme Court due to formal denial of justice or unjustified delay against the Chambre des baux et loyers of the Geneva Cantonal Court. Despite requests and deadline extensions, she did not pay the cost advance of CHF 800.


4D_151/2026: Non-admission of the appeal regarding enforcement

Summary of the facts

The appellant appealed against an order of the Schwyz Cantonal Court regarding enforcement. After he neither paid the set cost advance of CHF 800 within the original deadline nor within the set extension period, non-admission was threatened.


4A_462/2026: Non-admission of the appeal regarding definitive enforcement

Summary of the facts

The Basel-Landschaft West Civil District Court granted the Canton of Basel-Landschaft definitive enforcement for CHF 24,568.85 plus interest and accrued interest. The Basel-Landschaft Cantonal Court dismissed the appeal. The appellant then proceeded with a civil appeal and/or subsidiary constitutional complaint to the Federal Supreme Court.


1C_38/2026: Non-admission of the appeal regarding payment by a municipality to a company

Summary of the facts

The appellant filed a submission designated as a supervisory appeal regarding a payment by the municipality of Schwyz to CSEM SA with the Schwyz Administrative Court. The Administrative Court did not enter into it and forwarded the submission to the government council for jurisdiction. The appellant appealed this to the Federal Supreme Court and requested referral for substantive treatment as a voting rights or separation of powers appeal.


8C_708/2025: Accident insurance benefits for right-sided foot complaints and operations

Summary of the facts

The appellant suffered injuries in a work accident in 1972, especially to the left foot and left shoulder. The Suva later recognized various relapses and late effects but denied benefits for complaints and operations on the right foot in 2022 and 2023 due to lack of predominantly probable accident causality. The Bern Administrative Court confirmed this refusal.


6B_452/2025: Begging in the immediate vicinity of a shop

Summary of the facts

A.________ was fined CHF 180 for multiple instances of begging in the immediate vicinity of a shop. The cantonal appellate court dismissed his appeal; he appealed in criminal matters and alleged disproportionate sanction.


4D_170/2026: Non-admission of the appeal regarding definitive enforcement

Summary of the facts

The Arbon District Court granted the respondent definitive enforcement for CHF 500.-- plus 5% interest. The Thurgau Cantonal Court did not enter into the appeal; the appellants appealed to the Federal Supreme Court.


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