Reasons of the Federal Supreme Court
English translation of the German version of the supplied French source excerpt:
It follows from the foregoing that the appellant’s conviction under Art. 11A LPG/GE must be overturned, as this interference with his fundamental rights does not meet the requirement of proportionality. Since this defect cannot be remedied in the specific circumstances, the appellant’s conviction must not only be overturned, but he must also be acquitted, and the case must be referred back to the cantonal court solely for it to issue a new decision on the costs and party compensation for the cantonal proceedings. […]
Operative part
For these reasons, the Federal Supreme Court rules:
1. The appeal is allowed. The judgment under appeal is amended to acquit the appellant, and the case is referred back to the lower court for a new decision on the costs and compensation for the cantonal proceedings.
2. No court costs are charged.
3. The Canton of Geneva shall pay the appellant’s lawyer 500 francs in party compensation for the proceedings before the Federal Supreme Court.
Source
Federal Supreme Court, First Criminal Law Division: judgment 6B_239/2025 of 17 September 2026, consideration 4 and points 1–3 of the operative part. Original language: French. The omission marker is reproduced from the supplied source excerpt. https://search.bger.ch/ext/eurospider/live/de/php/aza/http/index.php?highlight_docid=aza://17-09-2026-6B_239-2025&lang=de&zoom=&type=show_document
AI disclosure
AI-assisted translation of the supplied source excerpt; the title, lead and meta description were produced with AI assistance. Draft for independent review.