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New Federal Court rulings from 25.02.2026

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 dispositive parts. 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.

6B_761/2025: Partial Granting of the Complaint

Summary of the Facts

The complainant A.________ was convicted by the Criminal Court of the District of Lausanne on November 20, 2024, among other things, for serious bodily injury, attempted sexual coercion, rape, and sexual acts with a person unable to judge or resist, to a prison sentence of six years. Additionally, a removal order of 15 years was issued. The appellate court, the Vaud Cantonal Court, increased the sentence to seven years of imprisonment and awarded the co-plaintiff B.________ 10,000 francs in damages for non-material harm. The complainant filed a complaint with the Federal Court.

Summary of the Considerations

The Federal Court examined whether the principle of accusation was violated. According to Art. 9 StPO, the accusation must be precise enough to allow the accused to prepare their defense. The court found that the temporal details of the accusation – even for sexual offenses over a longer period – are sufficiently precise. No violation of the principle of accusation was found. The complainant alleged an arbitrary determination of the facts as well as a violation of his right to be heard due to insufficient justification of the previous judgment. The Federal Court ruled that the lower court did not adequately evaluate the evidence and did not conduct its own factual and credibility assessment. Therefore, the judgment was annulled due to a violation of the right to be heard (Art. 29 para. 2 BV) and referred back to the lower court for reexamination. The lower court must comprehensively analyze the credibility of the parties' statements. Since the judgment was annulled, the further objections of the complainant, such as those regarding the sentencing and the removal order, were no longer relevant. The Federal Court urged the lower court to provide a detailed justification for the removal order in the new decision.

Summary of the Dispositive Part

The complaint was partially granted, the judgment of the lower court was annulled, and the matter was referred back for reassessment. The complainant's request for free legal aid was denied, and court costs were imposed.


7B_1407/2025: Non-Admission of a Criminal Complaint due to Non-Action

Summary of the Facts

The complainant A.________ filed a criminal complaint with the Federal Court to contest the dismissal of his complaint by the Cantonal Court of Aargau against the non-action order of the Public Prosecutor's Office of Baden. The Cantonal Court had decided on November 13, 2025.

Summary of the Considerations

- **E.1:** The Cantonal Court dismissed the complaint against the non-action order of the Public Prosecutor's Office of Baden. - **E.2:** The complaint to the Federal Court does not meet the requirements according to Art. 42 para. 2 and Art. 106 para. 2 BGG. The complainant did not sufficiently substantiate the conditions for a civil claim within the meaning of Art. 81 para. 1 lit. b no. 5 BGG. - **E.3:** No formal objections were raised that could have been examined independently of the lack of standing in the matter ("Star-Practice"). The complaint will not be admitted due to insufficient justification in the simplified procedure according to Art. 108 BGG.

Summary of the Dispositive Part

The complaint is not admitted, and the costs are imposed on the complainant.


6B_882/2025: Inadmissibility of the Complaint

Summary of the Facts

A.________ requested the revision of a judgment of the Cour d'assises of the Canton of Geneva from December 9, 1992, in which he was convicted for sexual acts with minors and sexual coercion to a prison sentence of six years. The Chambre pénale d'appel et de révision of the Canton of Geneva declared this revision request inadmissible on September 26, 2025, as there were no new pieces of evidence that would seriously call into question the factual basis of the original judgment. A.________ then filed a complaint with the Federal Court.

Summary of the Considerations

The Federal Court found that A.________ had requested the revision without substantive new and relevant evidence. His arguments primarily concerned points already examined in previous proceedings. The complainant submitted additional evidence through a supplementary letter dated November 20, 2025, but only after the expiration of the 30-day complaint period according to Art. 100 para. 1 BGG. This letter was therefore deemed late and inadmissible. The complaint did not meet the requirements of Art. 42 para. 2 BGG, as the justification merely contained appellate criticism of the decisions of the lower court and did not provide a legally sufficient engagement with its legal considerations. In particular, no sufficiently clear and legally relevant violations of federal law were presented. The Federal Court noted that the complaint does not fulfill the requirements of outlining a topic and is therefore obviously inadmissible according to Art. 108 para. 1 lit. b BGG.

Summary of the Dispositive Part

The complaint was declared inadmissible, and the court costs were imposed on the complainant.


9C_700/2025: Inadmissibility of the Complaint due to Insufficient Justification

Summary of the Facts

The complainant A.________ took out a mandatory health insurance policy with Assura-Basis SA (hereinafter Assura) in 2001. In 2023, he canceled his policy effective December 31, 2023, without providing Assura with the necessary insurance confirmation from the new insurer. Subsequently, Assura temporarily continued the insurance, issued premium invoices, as well as reminders and default costs, and lifted several legal objections raised by the complainant against collections. The complaint against the confirmation decisions was dismissed by the Neuchâtel Cantonal Court. The Federal Court examined the case based on an insufficiently justified complaint from the complainant that was forwarded by the Cantonal Court.


9C_688/2025: Decision on Free Legal Aid in a Social Security Jurisdiction Proceeding

Summary of the Facts

A.________, the insured party, contested a decision by Helsana Assurances SA regarding a collection matter and requested free legal aid from the lower court. The Cantonal Court of Valais, Social Security Court (decision of November 5, 2025), denied this request. Against this decision, A.________ filed a complaint with the Federal Court, including a request for free legal aid for the present proceedings.


7B_362/2025: Appointment of a Public Defender in Criminal Proceedings

Summary of the Facts

A.________ was charged by the Public Prosecutor's Office of Kreuzlingen for gross violation of traffic rules. He applied to the District Court of Weinfelden for the appointment of a public defender, which was denied. Even on appeal, the Cantonal Court of Thurgau rejected the request. However, it granted public defense for the appeal proceedings. A.________ then appealed to the Federal Court.


6B_655/2025: Judgment on Violation of Traffic Rules and Party Compensation

Summary of the Facts

The complainant A.________ was accused of causing a self-accident with property damage while reversing on an icy road. The District Court of Gersau imposed a fine of CHF 200 for a simple violation of traffic rules. The Cantonal Court of Schwyz acquitted the complainant and set the party compensation for the appeal proceedings at a flat rate of CHF 2,000. In a complaint before the Federal Court, A.________ requested an increase in the party compensation to CHF 10,489.60 and alleged a violation of his right to be heard.


1C_302/2025: Building Permit for the Construction of Multi-Family Houses

Summary of the Facts

The building authority of the municipality of Zernez approved on May 30, 2023, the demolition of an existing building and the construction of two multi-family houses. The neighbor, A.________, filed an objection against this and, after the objection was rejected by the building authority, appealed to the Cantonal Court of Graubünden, which dismissed her complaint on April 10, 2025. A.________ then filed a complaint with the Federal Court.


6B_330/2025: Inadmissibility of the Objection and Evidence for Timely Submission

Summary of the Facts

The complainant, A.________, filed an objection against a decision of the Geneva Police Court issued on August 20, 2024, which was declared late and therefore inadmissible by the court. A cantonal appeal against this decision was also dismissed as late. The issue is particularly whether the complainant has sufficiently proven compliance with the deadline for legal remedies, as the postmark bears the date of September 8, 2024, while the last day of the deadline was September 6, 2024.


5A_120/2026: Judgment on Child Return under the Hague Convention

Summary of the Facts

The married parents A.________ (mother) and E.________ (father) raised their children B.________, C.________, and D.________ together in Turkey. After a trip to Albania, the mother did not return to Turkey but entered Switzerland with the children and applied for asylum. The father requested the return of the children under the Hague Convention on the Civil Aspects of International Child Abduction (HCC). The Cantonal Court of Zurich found that the children must be returned, against which the mother and a child representative filed a complaint with the Federal Court.


6B_1189/2023: Inadmissibility of the Complaint by the Insurance A.________ AG and Partial Granting of the Complaint by B.________

Summary of the Facts

B.________, as the treasurer of the Roman Catholic parish of U.________ and the party Basel-Landschaft, illegally transferred money to her private accounts. She used the funds for personal purposes as well as for the renovation of a restaurant. Claims for reimbursement and incorrect bookings led to increased scrutiny of the accounts. Additionally, B.________ forged protocols and documents to conceal the embezzlements. In the proceedings, there were further allegations of false accusation against the parish president.


6B_1383/2023: Judgment Regarding Professional Fraud, Attempted Professional Fraud, and Attempted Fraud

Summary of the Facts

A.________ was convicted by the District Court of Solothurn-Lebern in 2021 of professional fraud, attempted professional fraud, and multiple attempted fraud. The Cantonal Court of Solothurn confirmed this conviction in 2023, increased the prison sentence, and additionally imposed a fine. A.________ requested the Federal Court to annul the judgment and acquit him, or alternatively, to impose milder sentences and to determine that the IV authority has no party status.


6B_139/2024: Judgment on Gross Violation of Traffic Rules

Summary of the Facts

The complainant, who was driving a delivery van with a trailer, is accused of driving at a speed of 45 km/h under winter road conditions (snowfall, snow-covered road) that was not adapted to the circumstances. He also disregarded the right of way of a pedestrian standing on a crosswalk who began to cross it. Despite a full brake and evasive maneuver, a collision occurred in which the pedestrian sustained serious injuries.


7B_23/2024: Inadmissibility of the Complaint

Summary of the Facts

The A.________ AG filed a criminal complaint against B.________ and C.________ in April 2020 for the alleged fraud in a share sale. The Public Prosecutor's Office of the Canton of Neuchâtel discontinued the proceedings in September 2023. The appeal of A.________ AG against this discontinuation decision was rejected by the cantonal appeal authority in November 2023. A.________ AG then filed a complaint with the Federal Court, requesting the continuation of the criminal proceedings or the referral of the matter back to the Public Prosecutor's Office for reexamination.


8C_88/2026: Non-Admission of a Complaint Regarding Family Allowances

Summary of the Facts

The complainant contested the decision of the Insurance Court of the Canton of Aargau, which did not admit her request for the resumption of a legally concluded procedure. It concerned denied family allowances for certain periods. She ultimately asserted a claim to these allowances.


7F_48/2025: Judgment on the Revision Request Against Previous Non-Admission Decisions

Summary of the Facts

The applicant filed multiple criminal complaints against members of the authorities in connection with his expulsion from a rental apartment in 2019, which the Public Prosecutor's Office of the Canton of Zug did not pursue. He then contested these decisions through complaints and subsequent revision requests before various courts. Corresponding complaints and revision requests were dismissed by the Cantonal Court of Zug as well as the Federal Court due to lack of standing or insufficient justification. In a submission dated November 3, 2025, the applicant again requested the revision of the Federal Court's judgments from August 29, 2025, and September 24, 2025.


6B_387/2024: Judgment on the Accusation of Intentional Arson and Attempted Insurance Fraud

Summary of the Facts

A.________, a shareholder and chairman of the board of a now-liquidated company, was accused of intentionally setting fire to a boutique to commit insurance fraud. A fire broke out in the boutique on the night of February 11 to 12, 2021, with the question of liability later being the subject of the proceedings. A.________ had previously also requested an increase in the insurance coverage. Several defendants were convicted of intentional arson and attempted fraud in the criminal proceedings.


6B_933/2025: Inadmissibility of the Complaint

Summary of the Facts

The complainant filed a complaint against a decision of the Cantonal Court of Fribourg, which concerned various criminal law issues (including violation of the Narcotics Act, removal order, arbitrariness, presumption of innocence). To secure the procedural costs, the complainant was asked to pay an advance on costs. Failure to pay the advance led to the treatment of the legal remedy according to the procedural rules.


7B_123/2026: Pre-trial Detention and Risk of Flight

Summary of the Facts

The Gossau Investigative Office is conducting a criminal proceeding against A.________ for violence and threats against authorities and officials (Art. 285 No. 1 StGB). The background of the proceedings are deficiencies on the complainant's farm that were identified during a veterinary control. Subsequently, A.________ made death threats against the responsible employee, which led to his temporary arrest on December 12, 2025. The coercive measures court placed him in pre-trial detention due to the risk of flight, and the Cantonal Court of St. Gallen also confirmed this measure in the second instance.


6B_229/2025: Judgment on the Principle of Accusation, the Presumption of Innocence, and Sentencing in Case of a Qualified Gross Violation of Traffic Rules

Summary of the Facts

A.________ was accused of massively exceeding the maximum speed within urban and rural areas during two potential time periods (summer/autumn 2019 or 2020) and of violating numerous other traffic rules. He allegedly accepted a high risk of accident. The Regional Court of Bern-Mittelland found him guilty of qualified gross violation of traffic rules according to Art. 90 para. 3 SVG and imposed a conditional prison sentence. The Cantonal Court of Bern increased this sentence in the second instance to 18 months. A.________ appealed to the Federal Court and requested acquittal or referral back to the lower court.


8C_7/2026: Procedural Requirements in Accident Insurance

Summary of the Facts

The complainant submitted a request for revision and reconsideration against previous cantonal judgments to the Insurance Court of the Canton of Solothurn. The cantonal court partially admitted the request, otherwise dismissed it, and offered the complainant the opportunity for a new submission should his health situation worsen. The complainant then filed a complaint with the Federal Court.


1C_578/2025: Inadmissibility of the Report of the Audit and Finance Committee of the Cantonal Parliament of Thurgau

Summary of the Facts

The Audit and Finance Committee (GFK) of the Cantonal Parliament of Thurgau conducted an extraordinary audit of the Office for Monument Preservation and prepared a report dated August 27, 2025. The complainant, who was the head of the office in question, requested the Cantonal Parliament to determine the illegality of the report. Without waiting for the response of the Cantonal Parliament, he filed a complaint in public law as well as a subsidiary constitutional complaint with the Federal Court. He essentially sought the annulment and determination of the illegality of the report as well as further procedural measures.


2C_44/2026: Judgment Regarding Non-Renewal of Residence Permit and Departure Deadline

Summary of the Facts

The North Macedonian national A.________ (born 1987) entered Switzerland in 1999 as part of family reunification. After revocation of his settlement permit, he was granted a temporary residence permit for one year in 2021. In 2023, the Migration Office of the Canton of Schaffhausen rejected the extension of the residence permit, as the conditions associated with the downgrade had not been met. The cantonal legal remedies authorities (Government Council and Cantonal Court of Schaffhausen) dismissed the complaints. In a submission dated January 22, 2026, the complainant approached the Federal Court, particularly against the letters from the Migration Office from January 2026, which ordered him to leave by February 28, 2026.


7B_92/2026: Inadmissibility of the Complaint

Summary of the Facts

A.________ requested his release from pre-trial detention. The request was denied by the Geneva coercive measures court on December 1, 2025, which also ordered the extension of pre-trial detention until February 10, 2026. The complaint filed against this was dismissed by the Criminal Appeals Chamber of the Geneva Cantonal Court on January 7, 2026. A.________ then filed a complaint in criminal matters with the Federal Court on January 17, 2026.


7B_954/2025: Rejection of Continuation of Investigations and Regarding the Question of Bias

Summary of the Facts

A.________, a minor unaccompanied asylum seeker, made criminal allegations against three security staff members of a federal asylum center. At the same time, the security staff filed a complaint against A.________. During the investigation proceedings, A.________ requested the rejection of the responsible prosecutor Christian Maire due to alleged bias. This request was dismissed by the cantonal appeals chamber, against which A.________ filed a complaint with the Federal Court.


9C_434/2025: Inadmissibility of Requests for Annulment of the Order on Subsequent Tax Collection

Summary of the Facts

The A.________ SA based in B.________ (TI) is engaged in the business of trading, selling, and renting vehicles. Between 2014 and 2016, the company rented 49 vehicles, of which 35 were registered abroad. The vehicles were rented by A.________ SA abroad and further rented to customers in Switzerland in violation of customs regulations, without fulfilling the corresponding formalities for import duties (customs, VAT, automobile tax). The Federal Customs Administration opened an administrative penal procedure against A.________ SA and its responsible parties and ordered the subsequent collection of import duties amounting to CHF 295,573.70. This decision was confirmed by the Federal Administrative Court.


6B_194/2025: Removal of a Foreigner Convicted of Social Assistance Fraud and Forgery

Summary of the Facts

A.________, a 54-year-old German national, was convicted of social assistance fraud and forgery. He had made false statements about his living situation and created forged documents to obtain support benefits totaling CHF 39,661.80. The District Court of Zurich sentenced him to a conditional prison sentence of 7 months and issued a five-year removal order. On appeal limited to the removal order, the Cantonal Court of Zurich confirmed this measure.


7F_57/2025: Judgment Regarding a Revision Request Against the Judgment

Summary of the Facts

The applicant A.________ submitted a request for revision on December 8, 2025, against the Federal Court's decision not to admit the complaint from October 2, 2025 (Judgment 7B_898/2025). The original decision of the Federal Court concerned a complaint against the decision of the Cantonal Court of St. Gallen from July 3, 2025, which the Federal Court did not admit.


6B_731/2025: Judgment on the Accusation of Multiple Unfair Competition

Summary of the Facts

The Cantonal Court of Lucerne convicted A.________ in the second instance of multiple unfair competition under Art. 23 para. 1 in conjunction with Art. 3 para. 1 lit. a UWG and established a violation of the acceleration requirement. It imposed a conditional fine on him. A.________ filed a complaint in criminal matters with the Federal Court and requested his acquittal.


6B_659/2024: Inadmissibility of the Appeal Due to Statute of Limitations

Summary of the Facts

A former trustee was accused of obtaining a false confirmation upon the founding of a corporation (B.________ SA) which falsely indicates the full payment of the share capital despite its intended return to him after the foundation. This occurred between April 2008 and was brought to light in the context of another criminal proceeding. In the first instance, the accused was acquitted, while the cantonal appeals instance found him partially guilty and imposed a conditional fine.


6B_334/2024: Principle of Accusation and Aiding Violation of the Narcotics Act

Summary of the Facts

The complainant A.________ was convicted in the first instance for various violations of the Narcotics Act, money laundering, and a violation of the AIG. The Cantonal Court of Bern acquitted him of the violation of the AIG but confirmed the convictions for quantitatively qualified violations of the Narcotics Act, money laundering, and aiding violations of the Narcotics Act. Regarding the aiding, the complainant alleged a violation of the principle of accusation and the lack of distinction from his conviction as the principal offender.