How to File a Criminal Complaint in Switzerland

The Distinction Between Complaint and Report

In Swiss criminal law, a criminal complaint (art. 30 CP) is required for offences prosecuted only upon complaint (e.g. simple assault, art. 126 CP, or damage to property, art. 144 CP). A report concerns offences prosecuted ex officio, for which the public prosecutor acts without a complaint.

Offences Prosecuted Upon Complaint vs Ex Officio

1. Upon complaint: simple assault (art. 126 CP), insult (art. 177 CP), threats (art. 180 para. 1 CP), damage to property (art. 144 para. 1 CP)
2. Ex officio: serious bodily harm (art. 122 CP), theft (art. 139 CP), robbery (art. 140 CP), murder (art. 111 CP)

The Deadline for Filing

Art. 31 CP sets a three-month deadline running from when the entitled person became aware of the offender's identity. It is a forfeiture period that cannot be suspended or interrupted. The Federal Supreme Court specified in ATF 126 IV 131 that mere suspicion does not trigger the deadline.

The Form of the Complaint

Art. 304 CrimPC provides that a complaint may be filed in writing or orally, with the police, the public prosecutor or the competent authority. It must contain: the complainant's identity, a description of the facts, if possible the alleged offender's identity, and a clear intent to prosecute. No official form is required.

Where to File

1. At the police station of your residence or the place of the offence
2. With the public prosecutor of the competent canton (art. 306 CrimPC)
3. By registered mail (the posting date being decisive)

Proceedings After Filing

The police investigate (art. 306 CrimPC) and transmit the file to the public prosecutor, who may open an investigation (art. 309 CrimPC), issue a non-prosecution order (art. 310 CrimPC), or issue a summary penalty order (art. 352 CrimPC). The complainant becomes a private claimant (art. 118 CrimPC).

Withdrawal

Art. 33 CP allows withdrawal within three months of filing. Withdrawal is final.