Intro

This page provides those subject to criminal proceedings – individuals and companies – with an overview of their rights in Swiss criminal proceedings, particularly in cases involving economic crime and in regulated sectors. It explains in plain language the fundamental procedural guarantees (right to a fair trial, right to be heard, right to access files, etc.) and specific aspects of criminal proceedings against companies.

The legal basis is primarily the Swiss Criminal Procedure Code (CPC) and the Swiss Criminal Code (SCC), the Federal Constitution (FC) and the European Convention on Human Rights (ECHR).

Procedural rights of defendants

1. Right to remain silent

As the accused, you have the right to remain silent at any time during the proceedings without giving any reason. This means that you are not required to make any statements to the police, the public prosecutor, or in court. This applies to both incriminating and exculpatory statements. No negative conclusions may be drawn from your silence (Art. 113 para. 1 CPC)

2. Right to defense

You have the right to a defense attorney of your choice from the outset. In the case of serious crimes (e.g., imprisonment of more than one year or pretrial detention of more than 10 days), the authorities must provide you with a public defender (Art. 130 ff. CPC) If you cannot afford a lawyer, the state may cover the costs. Companies may also be legally represented.

3. Right to inspect files

Defendants and their lawyers are entitled to inspect the case files (Art. 101 CPC). This right is fully available at the latest after the first interrogation and the securing of essential evidence. This allows you to defend yourself in a targeted manner. If access to the files is denied, you can lodge an appeal.

4. Right to a fair trial

You are entitled to a fair, public, and expeditious trial by an independent court (Art. 29 ff. FCand Art. 6 ECHR) This includes the right to be heard, an impartial judge, equality of arms between the prosecution and the defense, and sufficient time and resources for your defense.

5. Presumption of innocence

You are presumed innocent until your guilt has been proven beyond reasonable doubt (Art. 32 para. 1 of the Federal Constitution; Art. 10 of the Criminal Procedure Code). The burden of proof lies solely with the prosecuting authority – you are not required to exonerate yourself.

6. Right to an interpreter and translations

If you do not understand the language of the proceedings, you are entitled to a free interpreter for all hearings and to translation of important documents (Art. 68 StPO). Written decisions must also be provided in understandable language.

7. Right to appeal (e.g., complaint)

You can lodge an appeal against procedural actions taken by the criminal authorities (Art. 393 ff. CPC) This applies in particular to orders such as house searches, refusal to allow access to files, or the bringing of charges. The appeal must be lodged within a certain time limit – usually 10 days from delivery.

8. Right to sealing (Art. 248 CPC)

If documents, computers, cell phones, or other data carriers are seized during a search (e.g., of your home, office, or IT systems), you may request that they be sealed before the authorities examine their contents.

What does sealing mean?

The seized items or data are sealed (physically or digitally) and may not be examined until a court decides on the admissibility of the inspection. This allows, for example, lawyer-client correspondence, trade secrets, or particularly private information to be protected.

Sealing procedure:

• You must expressly request the sealing – preferably immediately on site.

• The authorities must respect the sealing and keep the data in safe custody.

• The public prosecutor's office can apply for the seal to be broken.

• The court of compulsory measures usually decides on the unsealing.

• You can submit reasons and evidence in the unsealing procedure.

Important:

The right to seal documents is not limited to lawyers or companies – any accused person can assert it. However, it must be actively requested. Without a request, the authorities are entitled to inspect the documents directly.

Practical tip:

It is advisable to consult a criminal defense attorney before a possible search to prepare a strategy for handling sensitive data and formulating a sealing request. Companies should clarify internally who will request sealing on site in the event of an emergency

Important tips for your defense

• Seek legal advice early on: A criminal defense attorney can be called in and provide advice even before the first interrogation. Mistakes made at the beginning of the proceedings are often irreversible.

• Do not make any rash statements: Accused persons are not required to answer questions; it is best to refuse without justification. You may respond to questions with “I have no comment on that.” Your refusal to testify cannot be used against you.

• Dealing with house searches, interrogations, and seizures: Ask to see a search warrant. Without a court order, the police cannot simply rummage through your premises. You have the right to be present during the search and to request a list of seized items. Prove the relevance of your documents (e.g., accounting records) and, if possible, request that irrelevant data be sealed. Seek legal assistance immediately after a search to verify its legality.

• Preservation of evidence and documentation: Collect all relevant documents and evidence (e-mails, contracts, distribution lists, etc.) yourself as soon as you become aware that you or your company are involved in proceedings. Create a directory and make a note of important dates and contacts.

• Professional communication: Only make public statements after consulting your lawyer. For companies, a coordinated statement (e.g., “no further comment until ...”) is recommended. PR consultants or litigation PR experts can help formulate messages to limit damage to your image and reputation. Avoid speculation and maintain confidentiality about the investigation.

Special considerations in criminal proceedings against companies

Companies can also be prosecuted under criminal law (Art. 102 SCC). The provision provides for two scenarios: Either a criminal offense was committed in the course of business activities and, in the absence of an accountable person, is attributed solely to the company (subsidiarity, organizational fault), or certain offenses (corruption, money laundering, cartel agreements, etc.) are involved, in which case the company is directly liable because it failed to take appropriate compliance measures. Companies can be fined up to CHF 5 million and must surrender any profits obtained unlawfully.

Compliance systems and internal investigations can help prevent crimes or detect them at an early stage. When companies conduct internal investigations, a great deal of sensitive information is gathered; employees are legally obliged to cooperate, but at the same time, the nemo tenetur principle protects them from involuntary self-incrimination. Companies must proceed with caution in order not to violate the rights of those affected.

FAQ