Consideration 7 – complete translation

7. It follows from the foregoing that the conviction of the appellant under Art. 11A LPG/GE must be annulled, as this interference with her fundamental rights does not meet the requirement of proportionality. Since this defect cannot be remedied under the concrete circumstances, not only must the conviction of the appellant be annulled, but the appellant must be acquitted of all contraventions under Art. 11A LPG/GE that are the subject of these proceedings, and the case must be remanded to the cantonal court so that it renders a new decision on the costs and compensation of the cantonal proceedings. Given this outcome, it is not necessary to examine the other grounds raised. For the remainder, the appeal is dismissed, insofar as it is admissible, with regard to the conviction of the appellant under Art. 11C (cf. above, Consideration 1) and 11F (cf. above, Consideration 2, last paragraph) LPG/GE.

Operative part

Point 1 of the operative part pronounces the acquittal from all contraventions under Art. 11A para. 1 lit. c no. 2 and 5 LPG/GE. It remands the case to the lower court so that it reassesses the penalty and rules again on the costs and compensation of the cantonal proceedings. For the remainder, the appeal is dismissed insofar as it is admissible.

Source

Swiss Federal Supreme Court, I. Criminal Law Division: Judgment 6B_29/2025 of 17 September 2026, Consideration 7 and Operative Part Point 1. French-language judgment text: https://search.bger.ch/ext/eurospider/live/de/php/aza/http/index.php?highlight_docid=aza://17-09-2026-6B_29-2025&lang=de&zoom=&type=show_document