What to do in the event of a criminal accusation - Criminal law FAQ on the right to remain silent in Switzerland
1. The right to remain silent in Switzerland – why this right is crucial
If you are accused of having committed a criminal offense, the first rule is to remain silent. Even if you feel that you can prove your innocence, a premature statement can be used against you later. Swiss criminal procedure law gives every accused person the right to refuse to testify, i.e. not to make a statement to the prosecuting authorities, in accordance with Art. 113 of the Code of Criminal Procedure. This right is not only theoretical, but an essential protective mechanism against self-incrimination. Many people underestimate how quickly ill-considered words can be twisted – especially in the case of allegations in the area of road traffic (SVG), where administrative measures such as driving disqualification can be threatened in addition to criminal consequences.
2. seek legal advice immediately – why?
Not every accusation requires representation by a lawyer. Nevertheless, an early assessment by a lawyer is essential. An experienced criminal defense lawyer can assess the possible range of penalties, point out the legal risks and discuss the best course of action with you. They will help you to avoid careless statements that could be misunderstood or taken out of context. He will also check whether your rights have been upheld, for example whether a police summons was issued correctly or whether searches were lawful. Especially in the area of traffic law, many people are surprised that even “minor” offenses can have serious consequences, such as an entry in the criminal record or a driving disqualification. A lawyer can see at an early stage whether such consequences are imminent and can take targeted countermeasures if necessary.
3. what about police summonses?
If the police summon you for questioning, you are generally obliged to appear. However, the following also applies here: You do not have to make any statements. Seek legal advice in advance to avoid mistakes. Even a careless word – especially in the case of accidents or speeding offenses – can have a considerable impact on the criminal assessment and administrative measures.
4 Why is it a mistake to “just quickly” make a statement?
Even seemingly harmless statements can be important for the investigating authorities. There is always a risk that statements will be taken out of context or misinterpreted. In the case of SVG offenses, the consequences can be particularly serious: While the public prosecutor imposes a fine, the administrative authority (usually the road traffic office of the canton of residence) can independently order a driving disqualification – even for first-time offenses. A lawyer will ensure that your interests are protected and that you do not unknowingly disclose incriminating information.
5. can remaining silent be interpreted negatively?
No. In Switzerland, a defendant who makes use of his right to remain silent may not suffer any disadvantages. However, this does not apply to the so-called owner indication in road traffic. According to the
Conclusion:
Anyone facing criminal charges should not take any action without first consulting a lawyer. If in doubt, refusing to make a statement may be advisable. The consequences of making ill-considered statements can be serious and a lawyer can ensure that your rights are protected and that you do not incriminate yourself unnecessarily. This is particularly true in the area of traffic law, where there is often a threat of administrative measures in addition to the criminal assessment – a combination that many of those affected do not consider and which can have considerable consequences for personal and professional mobility.
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The right to refuse to testify under Art. 113 of the Code of Criminal Procedure, also known as the right to remain silent, is a fundamental right of an accused person in Switzerland. It allows you not to make any statements to the law enforcement authorities. With certain exceptions, you may not suffer any disadvantages from refusing to testify.
Yes, if the criminal prosecution authorities summon you for questioning, you are generally obliged to appear. However, you are not obliged to make a statement on the spot and can make use of your right to remain silent.
Basically no. In Switzerland, a defendant may not suffer any disadvantages as a result of exercising their right to remain silent. An important exception is the so-called “owner indication” in road traffic law. According to the Federal Supreme Court, a vehicle owner can be expected to provide information about who may be the perpetrator of an offense with their vehicle.
Offenses under road traffic law (SVG) can have double consequences: In addition to the criminal proceedings (e.g. fine), there are independent administrative proceedings that can lead to the withdrawal of a driver’s license. An ill-considered statement in the criminal proceedings can have a negative impact on both proceedings and thus exacerbate the consequences.
This may well make sense. The most important rule is not to make any statements until you have consulted a lawyer. This applies even and especially if you believe you are innocent, as any statement can be misinterpreted by the authorities or used against you. Only legal advice will ensure that your interests are optimally protected.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
