Facing criminal charges is an ordeal that requires a rapid and informed response. Under Swiss law, the Code of Criminal Procedure (CPC), in force since 1 January 2011, enshrines a set of fundamental rights for every suspect — rights that are only fully effective when actively exercised. PBM Avocats intervenes from the first coercive measures to ensure that defence rights are respected, advise on procedural strategy and represent suspects before the public prosecutor's office, the coercive measures court, first-instance criminal courts and appellate courts in Geneva and the canton of Vaud.
Checklist: Fundamental Rights of the Suspect from Arrest
From the moment you are suspected of an offence, you have the following rights. Do not waive any of these rights without consulting a lawyer.
| Right | Content | Legal Basis |
|---|---|---|
| Presumption of innocence | You are presumed innocent until final judgment — doubt benefits you (in dubio pro reo) | Art. 10 CPC; art. 32 Cst. |
| Right to silence | You may refuse to answer police and prosecutor questions — this refusal cannot be used against you | Art. 113 CPC |
| Right to information on charges | You must be informed without delay and in detail of the offences attributed to you | Art. 158 para. 1 let. a CPC |
| Right to a lawyer | You may engage the lawyer of your choice from the first hearing; you may request duty counsel if you meet the conditions | Arts. 129-132 CPC |
| Right to an interpreter | You have the right to free interpretation if you do not understand the language of the proceedings | Art. 68 CPC |
| Access to the file | Your defence counsel has the right to consult the criminal file at any stage of proceedings | Art. 101 CPC |
| Right to contest detention | Any pre-trial detention can be challenged before the coercive measures court (CMC) | Arts. 224-228 CPC |
| Right of appeal | Decisions of the public prosecutor's office and courts can be challenged within legal deadlines | Arts. 393 et seq. CPC |
Mandatory Defence and Duty Counsel
The CPC establishes a system of mandatory defence (art. 130 CPC) in cases where the stakes of the proceedings are too high for the suspect to face alone. Defence is mandatory notably when pre-trial detention exceeds twenty-four hours, when the suspect faces a custodial sentence of more than one year, institutional treatment or commitment, or when complex questions of fact or law arise.
| Situation | Condition | Consequence | Legal Basis |
|---|---|---|---|
| Mandatory defence | Pre-trial detention of more than 24 h | A lawyer must be appointed — ex officio if the suspect does not choose one | Art. 130 let. a CPC |
| Mandatory defence | Custodial sentence of more than one year or institutional measure | Defence counsel mandatory from this threshold | Art. 130 let. b CPC |
| Mandatory defence | Doubts about the suspect's capacity of discernment | Defence counsel mandatory to protect the suspect's interests | Art. 130 let. c CPC |
| Mandatory defence | Complex case in fact or law | Defence counsel mandatory if suspect cannot defend themselves alone | Art. 130 let. d CPC |
| Duty counsel | Mandatory defence + suspect without counsel | Authority appoints a counsel ex officio paid by the State | Art. 132 para. 1 let. a CPC |
| Duty counsel | Insufficient resources + protection of interests requires it | Legal aid granted on reasoned application | Art. 132 para. 1 let. b CPC |
Swiss Criminal Procedure: Stages and Participants
Swiss criminal proceedings unfold in three main phases. The preliminary proceedings include the police investigation and the investigation conducted by the public prosecutor's office. At the close of the investigation, the public prosecutor either discontinues proceedings, issues a penal order, or files an indictment referring the matter to court for judgment.
First-instance judgment proceedings take place before the criminal court (misdemeanours and certain felonies) or the Assize Court (most serious offences, depending on the canton). The trial hearing allows the court to hear the suspect, witnesses and experts, examine material evidence and hear the parties' pleadings. The reasoned judgment may then be appealed before the cantonal court of appeal (arts. 398 et seq. CPC) and then by criminal appeal before the Federal Supreme Court.
Early Intervention of a Criminal Lawyer
The early involvement of a criminal lawyer is decisive for the outcome of a criminal case. Statements made to the police in the first hours — sometimes under psychological pressure — can be used as evidence even if the suspect later seeks to nuance or retract them. A lawyer present from the outset advises the suspect on exercising the right to silence, helps formulate a consistent account of events, and ensures that procedural rights are respected.
PBM Avocats is available for emergency interventions in cases of arrest or police summons in Geneva and the canton of Vaud. We also accept duty counsel mandates in criminal matters before Geneva and Vaud courts.
Frequently Asked Questions about Criminal Defence in Switzerland
What are the fundamental rights of a suspect under Swiss law?
From the moment a person is suspected of an offence, they benefit from all rights guaranteed by the Code of Criminal Procedure (CPC) and the Federal Constitution (art. 32 Cst.). They have the right to be informed without delay and in detail of the offences attributed to them (art. 158 para. 1 let. a CPC), the right to remain silent (art. 113 CPC) and to refuse to cooperate in establishing the facts, the right to be assisted by a defence counsel of their choice (art. 129 CPC) or by a duty counsel if the legal conditions are met, and the right to be presumed innocent until final judgment (art. 10 CPC). These rights must be communicated to the suspect at the first hearing; failing this, statements obtained cannot be used.
What is mandatory defence and in which cases does it apply?
Mandatory defence (art. 130 CPC) requires the suspect to be assisted by a defence counsel in certain situations where the stakes are particularly high. It applies notably when pre-trial detention has lasted more than twenty-four hours, when the suspect faces a custodial sentence of more than one year or a measure under arts. 59 to 61 SCC, when there are doubts about the suspect's mental state, or when the complexity of the case so requires. If the suspect does not appoint a lawyer themselves, the public prosecutor's office or court appoints one ex officio. Mandatory defence ensures that defence rights are effectively exercised in the most serious cases.
How do I choose a private defence counsel under Swiss criminal law?
The suspect has the right to freely engage the lawyer of their choice as private defence counsel (art. 129 CPC), provided the lawyer is admitted to the bar of the canton in which proceedings are taking place or meets the conditions for free movement of lawyers in Switzerland (LLCA). The private defence counsel is paid by the suspect themselves. In case of acquittal or discontinuation of proceedings, defence costs are in principle borne by the State (art. 429 CPC), subject to the fees corresponding to a reasonable rate. It is strongly recommended to consult a lawyer upon receiving a police summons or notice of the opening of an investigation, without waiting for the trial phase.
What happens during a police interview as a suspect?
When the police summons a person as a suspect, they must inform them at the start of the interview of the offences attributed, their right to remain silent and their right to legal assistance (art. 158 CPC). If this information is not provided, statements made cannot be used as evidence. The suspect is not obliged to answer questions and may refuse to testify without this being interpreted against them. It is strongly advised not to make any statements before consulting a lawyer. If the person is subsequently heard by the public prosecutor (investigative hearing), the same rules apply but the defence counsel may be present during the hearing.
What appeals are available against a penal order?
A penal order (arts. 352 et seq. CPC) is a decision issued by the public prosecutor without a hearing, for offences of low or medium seriousness. The suspect has ten days from notification to file an objection (art. 354 para. 1 CPC). The objection is a simple act that does not require motivation; it is sufficient to annul the order. If an objection is filed, the public prosecutor may either discontinue proceedings, or maintain the order and refer the matter to the competent court for ordinary judgment. The objection may relate to both guilt and the penalty imposed. It is important to strictly comply with the ten-day deadline, failing which the order becomes final.