Consideration 4 – English translation
4. It follows from the foregoing that the appellant's conviction under Art. 11A LPG/GE must be set aside, 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 set aside: he must also be acquitted, and the case remitted to the cantonal court solely for it to rule anew on the costs and party compensation for the cantonal proceedings.
Operative provisions – English translation
For these reasons, the Federal Supreme Court rules:
1. The appeal is allowed. The contested decision is amended to acquit the appellant and remit the case to the lower court for it to rule anew 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.
4. This judgment shall be communicated to the parties and to the Criminal Appeals and Review Chamber of the Court of Justice of the Republic and Canton of Geneva.
Source
Federal Supreme Court, First Criminal Law Division, judgment 6B_445/2025 of 17 September 2026. Original text in French; consideration 4 and the operative provisions have been translated in full. Official source: https://search.bger.ch/ext/eurospider/live/de/php/aza/http/index.php?highlight_docid=aza://17-09-2026-6B_445-2025&lang=de&zoom=&type=show_document
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