Key Points at a Glance: The Process and Your Rights in Criminal Proceedings
➤ The First Contact: If the police are at your door or you receive a subpoena, a criminal investigation is already underway. Your most important rights: the absolute right to remain silent (Art. 113 of the Code of Criminal Procedure) and the right to legal representation. The ironclad rule is: Never make a statement without first consulting a lawyer. Ill-considered, spontaneous statements made in the initial panic are nearly impossible to correct later on.
➤The Summary Judgment Trap: A summary judgment issued by the public prosecutor’s office is a final conviction if you do not file an objection within 10 days. Never accept it without reviewing it first, out of fear of incurring further costs.
Time as a Risk Factor
In criminal law, the course of events is often set at the beginning of the investigation—those who wait until later to consult a lawyer often forfeit their best chances.
Many people come into contact with criminal proceedings for the first time when they unexpectedly receive mail from the police or the public prosecutor’s office: a summons, a penalty order or notification of a complaint. In this exceptional situation, urgent questions immediately arise: How do such proceedings actually work? What rights do I have as an accused person? And what happens next?
This guide explains the typical course of criminal proceedings in Switzerland – from initial suspicion to possible court proceedings.
How criminal proceedings begin
Criminal proceedings begin the moment the law enforcement authorities become aware of a suspected criminal offense. There are many different triggers for this: it can be a criminal complaint from a private individual, a direct observation by the police (for example during a traffic stop), a report from another authority or a formal criminal complaint from the victim.
As soon as there is an initial suspicion, the public prosecutor’s office opens proceedings. For those affected, this usually involves drastic initial measures – such as a police summons or, in the case of more serious allegations, coercive measures such as a house search and the confiscation of computers, documents and cell phones.
💡 When the police are at the door…
👉 You can find the basic rules of conduct during a house search (such as keeping calm and contacting a lawyer immediately) in our specialist article: House search 1×1 – What you should and should not do.
👉 You can find out why you are not obliged to give the police the PIN code to your cell phone and why you should never do so in our specialist article: Cell phone confiscated: rights, PIN code, Face ID and sealing
The role of the police and the public prosecutor’s office
In Swiss criminal proceedings, the police and the public prosecutor’s office work closely together and the roles are clearly defined. The police are the operational arm: they carry out investigations at the front line, secure evidence at the crime scene, evaluate technical data and conduct initial interviews and interrogations.
The public prosecutor’s office, on the other hand, is the “mistress of the proceedings”. It leads the investigation, orders police investigative steps, decides on coercive measures, issues penalty orders at the end or officially files charges in court. The police therefore always act on behalf of the public prosecutor’s office.
The first interrogation: a critical moment
In most cases, accused persons first receive a summons for questioning from the police or public prosecutor’s office. This moment is often the first direct contact with the authorities – and also the most error-prone.
Before an interrogation, it is essential that you know your basic procedural rights. The most important are the right to legal defense, the right to inspect files (which is exercised by the lawyer) and, above all, the absolute right to refuse to testify(Art. 113 StPO). No one is obliged to incriminate themselves(nemo tenetur). Since ill-considered spontaneous statements in stressful situations can hardly be corrected later and often have a significant impact on proceedings, we strongly advise you to make strategic use of the right to refuse to testify.
💡 Received a summons for questioning?
👉 You can find out what you need to bear in mind if you are summoned by the police or public prosecutor’s office in our specialist article: What to do if summoned by the criminal authorities?
👉 You can find the most important information on the right to refuse to testify in our specialist article: Right to refuse to testify – what you need to know!
The investigation phase and coercive measures
After the first interrogation, the actual investigation phase follows. The authorities now attempt to fully clarify the facts of the case. To this end, evidence is often taken, further witnesses are questioned, statements are assessed and weighed against each other or expert reports (of a medical or technical nature) are commissioned. If there is a risk of a cover-up or flight, the public prosecutor’s office can also apply to the compulsory measures court for pre-trial detention during this phase. In such complex situations in particular, the early structuring of the evidence by a professional defense is crucial.
💡 How do the criminal authorities evaluate evidence?
👉 You can find out how a court assesses various statements in our specialist article: Credibility, assessment of evidence and testimony against testimony
👉 You can find information on how to behave correctly in the event of a false accusation in our specialist article: False accusation: How to behave correctly now
The conclusion of the investigation
Once the facts of the case have been sufficiently clarified from the point of view of the public prosecutor’s office, it decides on the next steps. There are three basic scenarios here:
- Discontinuation of proceedings: If the suspicion cannot be substantiated or if there is no criminal conduct, the proceedings are discontinued. The accused person is still considered innocent.
- The penalty order: For many offenses (such as traffic violations), the public prosecutor’s office chooses the written route and issues a penalty order. This contains sanctions such as a fine, a fine or a conditional custodial sentence. Please note: An accepted penalty order is legally regarded as a final conviction! Anyone who does not agree with this must lodge an objection within 10 days.
- Prosecution in court: In the case of serious offenses, or if no agreement is reached after an objection to the penalty order, the public prosecutor’s office brings charges before the competent court.
💡 Received a penalty order from the public prosecutor’s office?
👉You can find the most important information and rules of conduct relating to penalty orders, deadlines, procedure and consequences in our specialist article: Receiving a penalty order – what to do?
👉 Find out why prematurely accepting a summary penalty order can have unexpected consequences and how lawyers use an appeal as a tactical instrument in our specialist article: Appealing against a penalty order
The court proceedings and the criminal record entry
If the case goes to trial, the court examines the evidence, hears the parties and legally reassesses the facts of the case. The result is either an acquittal or a sentence of imprisonment, a fine or a fine.
In this context, many of those affected are particularly afraid of an entry in the Swiss criminal record. A conviction often leads to an entry, but not necessarily in every case. This depends largely on the type and amount of the sentence imposed and the specific offense. Since an entry in the register can have far-reaching consequences for employment relationships or naturalization, avoiding it must be a central goal of the defence strategy.
💡 Thinking outside the box: the consequences of a conviction
👉 You can find out which convictions are entered in the criminal record in our specialist article: Swiss criminal record – when does an entry appear in the private extract?
👉 You can find out what influence ongoing criminal proceedings or a conviction has on the naturalization procedure in our specialist article: Naturalization despite criminal record entry
👉 You can find out why a conditional fine also leads to a driving disqualification and further information in our specialist article: Conditional fine, traffic offense and driving disqualification
Typical mistakes you should avoid
We know from our legal practice that certain mistakes can have a fatal effect on the proceedings:
- Spontaneous justifications: Trying to “explain everything quickly” to the police in the initial panic often leads to incriminating log entries.
- Accept penalty orders without checking them: For fear of further costs, penalty orders are often accepted, which leads to unnoticed previous convictions.
- Consulting a lawyer too late: Anyone who does not seek a defense lawyer until before court has allowed the most important phase (the investigation) to pass unused.
We defend your rights
Criminal proceedings are an enormous psychological burden. Early advice will help you avoid devastating mistakes and develop a clear defense strategy from the outset.
Our lawyers specializing in criminal law in Winterthur will immediately request access to the files for you, examine the allegations and defend your rights against the public prosecutor’s office transparently and honestly.
We offer a detailed initial consultation (1 hour at CHF 330.-), on site or via video call. Together we analyze your situation and clarify the next strategic steps.
Criminal proceedings in Switzerland: Frequently asked questions (FAQ)
The duration of criminal proceedings cannot be quantified in general terms, as it depends heavily on the complexity of the case. Simple proceedings (e.g. minor traffic offenses by summary penalty order) can be concluded within a few weeks or months, depending on the canton and the workload of the authorities. Complex investigations involving house searches, interrogations, witness interviews and expert opinions, on the other hand, often take several months or even years, especially if the proceedings end up before a court.
According to the law, you are only obliged to hire a lawyer for serious offenses or special circumstances (so-called “necessary defense”). For most everyday offenses, you are allowed to defend yourself. But beware: criminal procedure law is highly complex. Since the decisive course (and possible mistakes) are already set during the first interrogation, early legal advice from a criminal defense lawyer is strongly recommended in order to avoid disadvantages such as high fines or a criminal record entry.
In principle, the following applies in Switzerland: anyone who is convicted (including by summary penalty order) generally bears the procedural costs of the public prosecutor’s office and the court as well as their own lawyer’s fees. If, on the other hand, you are acquitted or the proceedings are discontinued, the state will bear the costs of the proceedings. In addition, if you are acquitted, you are generally entitled to compensation for your own legal costs(Art. 429 StPO).
Ignoring a summons is not a good strategy. If you fail to attend a formal summons issued by the police or the public prosecutor’s office without a valid reason (such as a medical certificate), the authorities can order coercive measures. This means that you can be picked up by the police at your place of residence or workplace and forcibly brought in for questioning. If you have problems making an appointment, contact your lawyer immediately so that they can reschedule the appointment in good time.
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.
