Latest Verdicts of the Federal Court
Here you will find the most recent verdicts of the Federal Court (BGer) from bger.ch. For the first three verdicts, we present detailed summaries including facts, considerations, and dispositions. For the other verdicts, you will find a summary of the facts. The complete summaries of all verdicts are available in the portal of Lexplorer. There, you can configure your newsletter and receive the latest verdicts tailored to your areas of law.
6B_98/2025: Appeal against attempted serious bodily harm, robbery, and expulsion from the country
Summary of the Facts
A.________ was originally convicted by the Regional Court of Oberland for physical violence, robbery offenses, and several other crimes. Upon the appeal of the public prosecutor's office of Oberland, the Cantonal Court of Bern requalified some of the offenses as more serious, imposed a prison sentence of five years, and ordered an eight-year expulsion from the country. The appellant seeks to amend the judgment, particularly the revocation of the expulsion and a milder qualification of the offenses.
Summary of the Considerations
1. Attempted serious bodily harm (E. 1) The Federal Court follows the detailed assessment of evidence by the lower court and confirms that the appellant held the knife by the handle and acted with full force against the victim. The assumption of a protective allegation by the appellant and the qualification as attempted serious bodily harm by the lower court are sustainable. An arbitrary assessment of evidence is denied. The principle "in dubio pro reo" was not violated. 2. Robbery against C.________ (E. 2) The existence of an intent to enrich was carefully examined by the lower court and plausibly affirmed based on circumstantial evidence and statements (especially regarding the handling of the stolen money). The appellant's argument is classified as an appeal critique and rejected. 3. Expulsion from the country (E. 3) The mandatory expulsion according to Art. 66a para. 1 StGB was correctly ordered. The lower court comprehensively evaluates the personal and family situation of the appellant and arrives at a balanced decision. The severe personal hardship is affirmed narrowly, but the public interest in exclusion clearly outweighs. The continuous violent offenses and the unfavorable legal prognosis are particularly significant. 4. Court costs (E. 4) The costs of the proceedings are imposed on the appellant.
Summary of the Disposition
The appeal is dismissed and the court costs are imposed on the appellant.
7B_1205/2024: Inadmissibility of the appeal against the decision of the Federal Prosecutor's Office
Summary of the Facts
A.________ requested recognition as an injured party and the confiscation of assets from the Federal Prosecutor's Office (MPC) after filing a criminal complaint against the authorities of V.________. The MPC rejected the request for party status and confiscation. The appeal before the Appeals Chamber of the Federal Criminal Court was unsuccessful.
Summary of the Considerations
1. The Federal Court examines the admissibility of appeals of its own accord (Art. 29 para. 1 BGG) and states that the present matter is of a criminal nature (1.1–1.4.5). The presented legal remedy as a public law appeal is therefore treated as a criminal appeal.
1.5. According to Art. 79 BGG, appeals against decisions of the Appeals Chamber of the Federal Criminal Court are only admissible in cases of enforcement measures. However, the present case does not concern such a measure and is therefore inadmissible.
2. The further allegations of legal violations and the claim for the right to be heard are not relevant to the decision, as the fundamental prerequisite for the appeal – party status – is not fulfilled.
3. The appellant argues that the MPC's order is invalid due to the lack of prior approval by the Federal Council according to Art. 66 para. 1 LOAP. The Federal Court states that such a formal error does not generally lead to absolute nullity and is only examined further in special cases. Since the appeal is inadmissible, it is not addressed further.
Summary of the Disposition
The appeal is declared inadmissible, and the court costs are imposed on the appellant.
7B_192/2025: Judgment on the issue of non-admission and procedural costs
Summary of the Facts
The Public Prosecutor's Office of Zurich-Sihl refused to open a criminal investigation for abuse of office against cantonal politicians. An appeal against this was dismissed by the Cantonal Court of Zurich because the appellant had not provided the required security. The appellant appealed to the Federal Court.
Summary of the Considerations
- **(1)** The Federal Court explains the requirements for a sufficient justification of the appeal according to Art. 42 paras. 1 and 2 as well as Art. 106 para. 2 BGG. Insufficiently justified objections will not be addressed. - **(2)** The lower court correctly pointed out the possibility of requiring security according to Art. 383 para. 1 StPO. The appellant could not adequately contest the amount of the security and did not file any applications for legal aid. The appeal does not meet the legal requirements. - **(3)** Due to these deficiencies in justification, the appeal is not addressed in the procedure according to Art. 108 BGG.
Summary of the Disposition
The appeal is not admitted and court costs are imposed.
7B_1455/2024: Maintenance of a criminal arrest
Summary of the Facts
The Federal Court assesses the request of the heirs of D.________ (A.________ and others) to release three seized properties in the canton of Valais. The original arrest was ordered in connection with a criminal investigation for fraud (Art. 146 StGB) against several individuals. The appellants argue that the conditions for the arrest have ceased due to the death of the original accused.
The complete summary of the verdict can be found in the Portal.
2C_74/2025: Judgment on the non-renewal of the residence permit
Summary of the Facts
The Belarusian national A.________, who received a residence permit in 2021 due to marriage to a Swiss citizen, applies for an extension of his permit after the separation and subsequent divorce in May 2024. The cantonal authorities reject this, as the conditions according to Art. 50 para. 1 lit. b AIG for a post-marital hardship case are not fulfilled.
The complete summary of the verdict can be found in the Portal.
1C_331/2023: Decision on the building permit and the watercourse issue
Summary of the Facts
B.________ AG applied for partial demolition and renovation of a house as well as for the construction of a gas station with a shop and outdoor advertising in Herisau. The construction project is partially located in the watercourse area of the Sägebach. The Herisau Building Permit Commission granted the permit, after which A.________, as the owner of an adjacent property, filed an objection. After a lengthy procedure with decisions and remands at various instances (including project changes), A.________ eventually brought the case to the Federal Court.
The complete summary of the verdict can be found in the Portal.
7B_478/2024: Discontinuation of criminal proceedings
Summary of the Facts
A.A.________ filed a criminal complaint against his estranged wife B.A.________ for embezzlement, unlawful use of assets, and coercion. The background was the diversion of a health insurance reimbursement by B.A.________ while A.A.________ had to settle the original invoice. The Public Prosecutor's Office of Schwyz discontinued the proceedings and imposed the investigation costs on him as well as a compensation obligation towards B.A.________. The Cantonal Court of Schwyz dismissed an appeal against the discontinuation of the proceedings. A.A.________ then appealed to the Federal Court.
The complete summary of the verdict can be found in the Portal.
5A_594/2024: Decision of the Federal Court regarding the withdrawal of a legal remedy in a divorce proceeding
Summary of the Facts
A.________ (the appellant) filed an appeal before the Federal Court against a judgment of the Civil Chamber of the Canton of Geneva from July 2, 2024, regarding the amendment of a foreign divorce judgment and the division of pension assets during the marriage in Switzerland. The original judgment was recognized and enforceable by the first-instance court of the Canton of Geneva on December 2, 2022, in connection with a foreign divorce decree.
The complete summary of the verdict can be found in the Portal.
2C_44/2024: Decision regarding family reunification in the Canton of Zurich
Summary of the Facts
The Moroccan national A.________ and her two younger children B.C.________ and D.C.________, who are also Moroccan nationals, applied for family reunification in Switzerland to live with their husband and father, who has a residence permit. The Migration Office of the Canton of Zurich refused the reunification due to non-compliance with deadlines and insufficient living conditions. Appeals to the Department of Security, the Administrative Court, and finally to the Federal Court were unsuccessful.
The complete summary of the verdict can be found in the Portal.
7B_187/2025: Inadmissibility of the appeal in criminal matters
Summary of the Facts
The Federal Court addresses the appeal of A.________ against the decision of the Cantonal Court of Bern from February 10, 2025. In this decision, a request for legal aid was denied due to the hopelessness of the appeal. A.________ had previously not provided a security of CHF 1,000 and instead submitted the request.
The complete summary of the verdict can be found in the Portal.
7B_260/2025: Non-admission and dismissal of an appeal against the decision of the Cantonal Court of Lucerne
Summary of the Facts
A.________ requested the Public Prosecutor's Office of Sursee to open proceedings against him for serious sexual offenses that are already pending in Scotland. The Public Prosecutor's Office declined to take over the proceedings. The Cantonal Court of Lucerne did not admit the appeal filed, as the appeal deadline was missed. A.________ then turned to the Federal Court.
The complete summary of the verdict can be found in the Portal.
6B_673/2024: Drug trafficking and procedural rights
Summary of the Facts
The accused A.________ was convicted before the courts for involvement in drug trafficking. The allegations primarily concern the trafficking of cocaine, which she allegedly acquired and resold in larger quantities between June and November 2019. The case gained particular significance due to incriminating investigations and statements regarding several deliveries and sales activities, including in her private domain. The case took place in the Canton of Vaud and was eventually submitted to the Federal Court for review.
The complete summary of the verdict can be found in the Portal.
8C_164/2025: Judgment on the disability insurance issue
Summary of the Facts
A.________ registered for disability insurance in 2021 due to complaints in the upper extremity. After medical and occupational assessments, her claim for a disability pension was denied by the IV Office of the Canton of Zurich. The Social Security Court of the Canton of Zurich also dismissed her appeal. A.________ then appealed to the Federal Court and requested IV benefits as well as legal aid.
The complete summary of the verdict can be found in the Portal.
6B_607/2024: Judgment regarding expulsion of an Afghan national
Summary of the Facts
A.________, an Afghan national, was convicted secondarily by the Cantonal Court of Zurich for attempted serious bodily harm, multiple assaults, and multiple brawls to a prison sentence of 38 months and an expulsion for 7 years. The appellant filed an appeal with the Federal Court to avert the expulsion and its listing in the Schengen Information System.
The complete summary of the verdict can be found in the Portal.
7B_143/2025: Decision on the non-admission order and dismissal of the appeal
Summary of the Facts
The Public Prosecutor's Office of Zurich-Sihl refused to initiate a criminal investigation, including for deprivation of liberty and kidnapping. The appellant appealed against these decisions, which were not admitted by the Cantonal Court of Zurich. The appellant then appealed to the Federal Court.
The complete summary of the verdict can be found in the Portal.
1C_508/2024: Judgment on the building permit for a mobile phone facility
Summary of the Facts
The Kilchberg Building Commission granted Swisscom AG a building permit for a mobile phone facility. The neighbors A.________ and B.________ filed legal remedies against this, which were dismissed by the Building Appeal Court and the Administrative Court of the Canton of Zurich. They requested the Federal Court to annul the judgments and deny the building permit.
The complete summary of the verdict can be found in the Portal.
2C_224/2025: Jurisdiction of the Federal Court in an administrative procedure in the Canton of Geneva
Summary of the Facts
A.________ and B.________ entered into a fixed-term rental agreement with C.________ for a furnished accommodation and were later legally obligated to vacate. They filed several appeals, including one with the Administrative Court of first instance of the Canton of Geneva, which denied its substantive jurisdiction and declared the appeal inadmissible. The final decision of the Administrative Court of first instance was brought before the Federal Court.
The complete summary of the verdict can be found in the Portal.
1C_109/2025: Withdrawal of the appeal against the granting of a building permit
Summary of the Facts
A.________ and B.________ SA had challenged the decisions of the Sarine Prefecture and the II. Administrative Court Chamber of the Canton of Fribourg. The point of contention was the approval of a building permit for the construction of a cantonal storage center in the municipality of Givisiez. The opposing party included cantonal authorities, namely the DIME and the municipality of Givisiez. An appeal was filed with the Federal Court but was later withdrawn by the parties.
The complete summary of the verdict can be found in the Portal.
7B_205/2025: Decision on the non-initiation of a criminal investigation against unknown perpetrators
Summary of the Facts
The appellant contests the non-initiation of a criminal investigation by the Public Prosecutor's Office of Zurich-Limmat and the corresponding decision of the Cantonal Court of Zurich. He requests the instruction to initiate proceedings, the recusal of the responsible prosecutor, and the suspension of the proceedings until the statute of limitations.
The complete summary of the verdict can be found in the Portal.
1C_216/2025: Decision on the admissibility of a legal remedy in connection with a driving license procedure
Summary of the Facts
A.________ filed an appeal against a decision of the Office of Traffic and Navigation of the State of Fribourg from February 14, 2025. This decision maintained his driving license under the condition of a driving aptitude test. The appeal was submitted on March 13, 2025, but was declared inadmissible by the III. Administrative Court Chamber of the Fribourg Cantonal Court due to late submission. A.________ contested this decision before the Federal Court on April 28, 2025.
The complete summary of the verdict can be found in the Portal.
7B_267/2025: Decision regarding the continuation of detention for security reasons
Summary of the Facts
The appellant, A.________, was accused of having strangled his partner to death. After a long pre-trial detention and several psychiatric evaluations, he was convicted in the first instance of murder and sentenced to 14 years of imprisonment with simultaneous ordering of an internment measure according to Art. 59 StGB. The Cantonal Court revised the judgment and ordered a stationary therapeutic measure. The Federal Court annulled the cantonal judgment and referred the case back for re-evaluation. The appellant then requested release, which was denied by the cantonal court, prompting him to appeal to the Federal Court.
The complete summary of the verdict can be found in the Portal.
6B_59/2025: Judgment regarding violations of criminal law and expulsion
Summary of the Facts
The appellant was charged, among other things, with breach of the peace (Art. 291 para. 1 StGB), violence and threats against authorities and officials (Art. 285 para. 1 StGB), as well as violations of the Narcotics Act (Art. 19a para. 1 BetmG). The cantonal instance largely confirmed the penalty and additionally imposed expulsion from Switzerland for three years. The appellant appeals to the Federal Court, requesting among other things his acquittals, the annulment of the expulsion, and compensation for allegedly unjustified detention.
The complete summary of the verdict can be found in the Portal.
4A_576/2024: Validity of a termination notice in tenancy law
Summary of the Facts
A tenancy was terminated using an official form citing a termination notice for demolition. The tenant contested the termination, as no concrete construction project was substantiated as justification. The Cantonal Court declared the termination as abusive, which was confirmed by the Higher Court based on a presumed pretext notice. The dispute was escalated to the Federal Court.
The complete summary of the verdict can be found in the Portal.
8C_624/2024: Judgment on accident insurance and causation
Summary of the Facts
The appellant, an employee insured against accidents with Suva, suffered an accident on February 20, 2023, in which he fell on his left arm. Suva initially covered treatment costs and daily allowances but ceased payments as of April 30, 2023. The reason was that the complaints were no longer deemed causally related to the accident from that point onward. The appellant disputed this and additionally criticized the weighting of the medical evaluations of Suva compared to those of his treating physician.
The complete summary of the verdict can be found in the Portal.
1C_520/2024: Decision of the Federal Court regarding an expropriation dispute
Summary of the Facts
The dispute concerns a possible material expropriation arising from a delay incident in the municipal detailed planning (PP4), which was originally approved by the canton in 2004. The owners of the property demanded compensation in the amount of CHF 8,760,000 due to the restricted usability of their property. The Administrative Court of the Canton of Ticino found in 2024 that a case of material expropriation existed. The affected municipal association appealed this judgment to the Federal Court.
The complete summary of the verdict can be found in the Portal.
9D_5/2025: Waiver of procedural costs and legal aid
Summary of the Facts
The appellant and his wife had conducted a procedure concerning social assistance in the Canton of Aargau, the costs of which were imposed on them. The appellant repeatedly requested a waiver of these costs, but none of the appeal instances addressed the request or granted him legal aid. Against another negative decision of the Administrative Court of the Canton of Aargau, the appellant turned to the Federal Court.
The complete summary of the verdict can be found in the Portal.
1C_147/2025: Inadmissibility of the appeal against the refusal of the driving license
Summary of the Facts
A.________ filed an administrative court appeal against the decision of the Road Traffic Office of Lucerne, which indefinitely refused his driving license of category 121. At the same time, he requested legal aid. The Cantonal Court of Lucerne rejected the request for legal aid, after which A.________ appealed to the Federal Court.
The complete summary of the verdict can be found in the Portal.
9C_491/2024: Tax treatment of sanctions by the Federal Competition Commission
Summary of the Facts
The case concerns the taxation of a sanction imposed by the Competition Commission against A.________ SA, which is based in the Canton of Bern and has a branch in the Canton of Geneva. The sanction of CHF 186,036,840 was recorded as a provision in 2015 and dissolved in 2016. The tax authority of the Canton of Geneva included this sanction in the taxable profit for the 2016 tax period, as it was deemed a non-business-related expense.
The complete summary of the verdict can be found in the Portal.
9D_6/2025: Judgment on the constitutional complaint regarding the tax waiver of the Canton of St. Gallen and direct federal tax
Summary of the Facts
The taxpayers A.A.________ and B.A.________ requested a full or partial waiver of the state and municipal taxes of the Canton of St. Gallen as well as the direct federal tax for the tax periods 2018 and 2019. The request was denied by the cantonal assessment authority and later by the Administrative Court of the Canton of St. Gallen. The taxpayers appealed to the Federal Court, which examined the subsidiary constitutional complaint.
The complete summary of the verdict can be found in the Portal.