Substantive criminal law describes offences and possible penalties. Key rules are set out in the Swiss Criminal Code, alongside criminal provisions in other legislation. No one should be punished for conduct that has not been defined as punishable by law. Offences are classified into different categories according to their legal seriousness. The classification affects possible penalties and procedural matters. In addition to custodial sentences and fines, other legal consequences and measures may apply. Criminal proceedings often begin with a report, a police observation or the authorities’ own inquiries. The police secure evidence and interview those involved. The public prosecutor’s office leads the preliminary proceedings and decides on further investigations. A person under investigation is presumed innocent until convicted by a final judgment. They may generally remain silent and obtain legal representation. At the same time, they should take official summonses and ordered coercive measures seriously. Injured parties can report offences and, subject to certain conditions, take part in the proceedings. Anyone asserting their own criminal or civil claims may become a private claimant. Victims of certain offences have special rights to protection and advice. Not every offence is prosecuted in the same way. For offences prosecuted ex officio, the authorities generally act on their own initiative once they learn of them. For offences prosecuted on complaint, a valid criminal complaint by an authorised person is also required. The public prosecutor’s office may discontinue proceedings, bring charges or, in suitable cases, issue a penal order. The available ways to seek a review depend on the type of decision. Anyone who receives a penal order should read its contents and information about legal remedies immediately. Criminal law protects important legal interests, but it cannot undo every harm. Evidence, procedural rights and the precise legal classification determine the outcome. Civil claims, victim support or protective measures may also matter.
Criminal law in Switzerland
Criminal law in Switzerland determines which conduct is punishable and how the state responds. The police, public prosecutor’s office and courts examine suspected offences through a regulated procedure. Suspects and injured parties have different rights and duties.
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