How Does a Trial Work in Switzerland?

Civil Trial

Conciliation (art. 197 et seq. CPC)

Mandatory before most civil proceedings. Request filed; hearing within two months. If unsuccessful, authorisation to proceed issued (art. 209 CPC). Exemptions: summary proceedings, commercial court, certain family matters (art. 198 CPC).

Filing the Claim

Written claim with conclusions, facts and evidence (art. 221 CPC). Defendant files response.

Investigation

Exchange of written submissions, evidence administration (witnesses, experts, inspection, party interrogation - art. 168 et seq. CPC), and hearings. Principle of party disposition (art. 55 CPC), except where inquisitorial maxim applies (family law, art. 296 CPC).

Judgment

Based on established facts and applicable law. Written, reasoned notification. Simplified procedure for disputes up to CHF 30,000 (art. 243 CPC).

Remedies

Appeal to cantonal superior court within 30 days (art. 311 CPC) if dispute value reaches CHF 10,000. Limited appeal on law for lesser amounts (art. 319 CPC). Federal Supreme Court within 30 days (art. 100 FSCA).

Criminal Trial

Investigation (art. 299 et seq. CrimPC)

Police investigation under public prosecutor direction. Formal investigation opened with sufficient suspicion (art. 309 CrimPC).

Accused's Rights

Silence (art. 113 para. 1 CrimPC), lawyer (art. 129 et seq. CrimPC), information on charges (art. 158 CrimPC), presumption of innocence (art. 10 CrimPC).

Referral or Dismissal

Summary penalty order (art. 352 CrimPC), dismissal (art. 319 CrimPC), or indictment (art. 324 CrimPC).

First-Instance Hearing (art. 328 et seq. CrimPC)

Prosecution presents charges, defence presents case, witnesses heard, judgment rendered.

Remedies

Appeal within 20 days (art. 399 CrimPC), then Federal Supreme Court within 30 days (art. 100 FSCA).

Duration

Varies considerably: months for simplified procedure, one to two years for ordinary first-instance civil trial. Right to judgment within a reasonable time (art. 29 para. 1 FC, art. 6 ECHR).