Federal Supreme Court acquits appellant of begging charge

Sep 17, 2026, 12:00 AM · Bundesklar Redaktion

In judgment 6B_281/2025 of 17 September 2026, the Federal Supreme Court acquitted the appellant. In the Court's view, his conviction for begging violated the principle of proportionality.

Consideration 4 – Translation

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, it is necessary not only to set aside the appellant's conviction but also to acquit him and remit the case to the cantonal court solely for a new decision on the costs and party compensation for the cantonal proceedings. In view of this outcome, the other grounds of appeal raised need not be examined.

Consideration 5 – Translation

The appellant succeeds. He bears no costs (Art. 65 para. 2 and Art. 66 para. 1 of the Federal Supreme Court Act), but is entitled to party compensation payable by the Canton of Geneva (Art. 68 paras. 1 and 2 of the Federal Supreme Court Act). The amount is determined taking into account the fact that the appellant's written submissions are essentially identical to those filed by his lawyer in six parallel proceedings concerning the same subject matter. The application for legal aid is moot (Art. 64 para. 1 of the Federal Supreme Court Act).

Operative part – Translation

On these grounds, the Federal Supreme Court rules: 1. The appeal is allowed. The contested judgment is amended to acquit the appellant. The case is remitted 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. 4. This judgment is 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

Swiss Federal Supreme Court, First Criminal Law Division: judgment 6B_281/2025 of 17 September 2026, considerations 4–5 and operative part. Original language: French. https://search.bger.ch/ext/eurospider/live/de/php/aza/http/index.php?highlight_docid=aza://17-09-2026-6B_281-2025&lang=de&zoom=&type=show_document

Documented opposing position

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