Criminal Procedure in Switzerland: Pitfalls to Avoid, Crucial Decisions, Defense Strategy

A criminal procedure is never merely a simple sequence of acts.
Each stage involves pitfalls that can seriously jeopardize the case’s progression, and certain decisions made in the initial hours are often decisive for the final outcome of the procedure.

This guide aims to provide a clear, concrete, and practical overview of the criminal procedure in Switzerland, as well as the mistakes to avoid and essential strategic choices for effectively protecting one’s rights.

This guide is notably based on the practical experience of Mr. Matthias Traussnig, Partner at Sentinel Legal, in Geneva, who regularly practices criminal law and has worked within the Public Prosecutor’s Office, which provides him with concrete knowledge of the workings of criminal justice and police operations.

A. Procedural Rights

Depending on the stage of the procedure and their status (complainant, accused, witness, etc.), individuals involved in a criminal procedure in Switzerland may notably possess the following rights:

– Right to remain silent and/or not to provide self-incriminating answers — you are never obliged to incriminate yourself

– Right to counsel — from the first hearing

– Right to an interpreter if necessary

– Right to access the case file (depending on the stage of the procedure)

– Right to request evidence

– Right to challenge irregular acts

An effective defense relies on the precise knowledge and rigorous exercise of these rights.

B. Statements to Authorities:

In practice, it is your statements that shape the case.

During hearings, your statements are recorded in an official report:

• either by a police officer during the police interview,

• or by a clerk during hearings before the Public Prosecutor’s Office.

This official report becomes the primary reference for the criminal case file. The authorities, the prosecutor, and the court rely on it primarily.

Three particularly essential rules:

1. Every word counts.
An awkward phrasing can create an unfavorable and hardly reversible version of the facts.

2. No contradictions.
Divergent or imprecise versions immediately weaken the credibility of the defense.

3. Never sign an inaccurate official report.
You have the right to request corrections, additions, and clarifications before any signature.

The first hearing is often decisive: it is at this moment that the “official version” of the case file is constructed.

The presence of counsel is not merely formal. It is strategic and decisive.

C. Role of Counsel

Before the hearing, counsel:

• discusses the facts with their client,

• clarifies the chronology and the version to be presented,

• identifies areas of risk and sensitive points,

• prepares the answers and talking points.

During the hearing, counsel:

• ensures strict respect for the client’s rights,

• intervenes when questions are ambiguous, leading, or incomplete,

• requests clarifications or rephrasing,

• ensures that each statement is correctly understood and transcribed,

• verifies that the official report accurately reflects the statements made.

After the hearing, counsel:

• reviews the official report with the client,

• requests necessary corrections,

• ensures that the entire procedure has been properly documented,

• anticipates the follow-up to the procedure and the next steps, and ensures consistent action by anticipating future procedural steps.

Must I answer questions from the police and/or the Public Prosecutor’s Office?

Depending on your procedural status (cf. 104 and 105 CCP), you may not be obliged to do so. In particular, an “accused” person may refuse to testify and cooperate (Art. 158 para. 1 lit. b CCP); This right cannot be interpreted to your disadvantage, and its exercise is an integral part of a defense strategy.

Generally, in many cases, answering too early without preparation leads to imprecise, contradictory, or legally awkward statements. These statements can completely discredit and erode a narrative.

Before a police interview or a hearing before the Public Prosecutor’s Office, it is often preferable to request a preliminary meeting with a lawyer specializing in criminal law, to understand the stakes of the case, and then to define the best position to adopt.

Can I request a lawyer before a police interview or a hearing at the Public Prosecutor’s Office?

Yes, and you should almost always do so, especially if you are being heard as an “accused” person, a status that can lead to a conviction, or as a “person called to provide information,” given that this status can, depending on the circumstances, quickly shift to that of an accused person.

You have the right to be assisted by counsel from the first hearing, including during a simple police summons, which, in our experience, is often decisive.

Thanks to its knowledge of Geneva/Swiss law and practice, a specialized law firm prepares the strategy, clarifies the facts, identifies areas of risk, and accompanies you during the hearing, by asking questions or making relevant remarks, in order to protect your rights and avoid any procedural deviation.

What if the official report of my police interview does not correspond to what I said?

You are entitled to require that your statements be faithfully and accurately recorded.

Before signing, you may request corrections, additions and clarifications. At the very least, any additional statements must be included in the official record of your interview.

Signing an inaccurate official report amounts to validating a version of events that will then become the primary reference for the case file and cannot be modified.

Therefore, it is advisable not to approve an erroneous document.

Can I modify my statements later?

Yes, but in practice it is difficult. Authorities attach major importance to initial statements, which then structure the entire procedure.

Modifying one’s version later is often perceived as a weakening of credibility, especially in cases of contradictions.

What is a penal order?

A penal order is a proposed conviction issued by the prosecutor, potentially without a prior hearing.

It may provide for a fine, a monetary penalty, a suspended sentence, or other measures.
You have a strict deadline to object, upon notification of the document.

It is essential to analyze the penal order immediately with a specialized lawyer, in order to evaluate it and decide what action to take.

Can I reduce a sentence?

The procedural strategy, the way the facts are presented, the steps taken, and the potential compensation for damages strongly influence the outcome of the procedure.

A well-conducted procedure can lead to a proportionate and controlled solution.

It is the role of counsel to determine the best strategy to defend your interests.

Can I obtain a dismissal of the procedure?

Yes, an open preliminary procedure (Art. 299 et seq. CCP) can result in a dismissal (Art. 319 CCP), particularly when the evidence is insufficient, the facts do not constitute a criminal offense, or specific legal grounds justify it.

What happens during a search or seizure?

Authorities may seize objects, documents, digital media, and assets (Art. 241 et seq. CCP).

It is essential to immediately verify the legality of these particularly strict measures, to have any useful observation recorded, and to prepare a strategy to challenge irregular acts and protect your rights.

What does a bank freeze mean?

A freeze consists of temporarily blocking assets or accounts. These measures can have significant economic consequences.

Prompt intervention can sometimes limit the scope of the freeze, challenge its legality, or negotiate its terms.

Since it is a coercive measure (Art. 198 et seq. CCP) by the Public Prosecutor’s Office, a quick stance and dialogue can help find a solution.

Will my criminal record be impacted?

Generally, yes, in case of conviction, the criminal record is impacted.

Since it is required for certain professional or personal procedures, this is an aspect not to be overlooked.

How long does a criminal procedure last?

A simple procedure can last a few months, while complex cases often extend over several years.

The procedural strategy strongly influences the duration.

Can I appeal?

Yes. Various penal decisions can generally be subject to an appeal or a legal remedy, within strict deadlines that must be respected.

Can I be both accused and complainant?

Yes, in certain situations, a person can hold both statuses, particularly when two individuals file complaints against each other, it being specified that it is fundamental not to miss the deadline for filing a criminal complaint.

Each position implies specific rights and a particular strategy.

When should one contact a lawyer?

As soon as possible, and preferably a specialized lawyer.
In criminal matters, each stage (e.g., filing a complaint, initial statements, challenging coercive measures, establishing an overall strategy) can have irreversible consequences, and a good strategy is built over time.

Each criminal case relies on a complex combination of facts, evidence, rules of procedure, and strategic options.
The way facts are presented, documented, and discussed directly influences the outcome of the procedure.

Criminal law is a field where the burden of proof, the management of deadlines, the rules of validity of acts, and strict adherence to procedure play a decisive role.

An error, even a formal one, can have serious and sometimes irreversible consequences. In this context, the intervention of a competent and experienced lawyer is essential.

It notably allows for:

• precisely analyzing the factual situation and its stakes,

• identifying the weaknesses of the case and exploitable legal levers,

• structuring a coherent and realistic defense strategy,

• ensuring immediate responsiveness to procedural acts,

• dedicating the necessary time to a complete understanding of the case file,

• mobilizing in-depth knowledge of law and jurisprudence,

• adopting an appropriate approach when dealing with prosecuting authorities and courts,

• securing each stage of the procedure.