Your Rights When Facing the Police in Switzerland

Identity Checks

You are generally required to state your identity when police request it in the exercise of their duties. Refusal may be sanctioned under cantonal law. Police must have a legitimate reason (prevention, public safety, search for persons).

Search

Body searches are coercive measures under criminal procedure (art. 241-249 CrimPC). A summary security pat-down may be conducted during a stop. Outside criminal proceedings, thorough searches require a cantonal legal basis.

Stop and Provisional Arrest (art. 217 CrimPC)

Police may provisionally arrest when there are serious grounds for suspicion of crime/misdemeanour and detention grounds (flight, collusion, reoffending), or when caught in the act. The public prosecutor must be notified without delay; decides within 48 hours whether to request pre-trial detention from the CMC or order release (art. 224 CrimPC). Right to notify a relative (art. 214 para. 2 CrimPC).

Rights During Interview (art. 158 CrimPC)

At the start of the first interview, the police must inform the accused of: pending proceedings and alleged offences (let. a), right to refuse to testify (let. b), right to a defence lawyer or court-appointed lawyer (let. c), right to an interpreter (let. d).

Right to silence (art. 113 para. 1 CrimPC, art. 14 para. 3 let. g ICCPR): cannot be compelled to speak; silence cannot be held as evidence of guilt.

Right to a lawyer (art. 159 CrimPC): at any police interview. May request postponement until lawyer arrives. In mandatory defence cases (art. 130 CrimPC), interview without lawyer not permitted unless expressly waived.

Pre-Trial Detention (art. 221 et seq. CrimPC)

Ordered only by the CMC on prosecutor's request. Requires serious suspicion plus detention ground: flight risk (let. a), collusion risk (let. b), reoffending risk (let. c). Duration cannot exceed foreseeable sentence (art. 212 para. 3 CrimPC). Release may be requested at any time (art. 228 CrimPC). If acquitted/dismissed, compensation for detention suffered (art. 429 para. 1 let. c CrimPC).

Remedies Against Police Conduct

Complaint to police supervisory authority or criminal complaint for abuse of authority (art. 312 CP). Appeal against coercive measures within 10 days (art. 393 CrimPC).