The Right to a Lawyer During a Police Interview

Legal Basis

The right to a defence lawyer is guaranteed by art. 32 para. 2 FC and art. 6 para. 3 let. c ECHR. Art. 127 CrimPC provides the accused may be assisted at all stages. Art. 159 para. 1 CrimPC specifies this right applies from the first police interview.

Mandatory Defence (art. 130 CrimPC)

A lawyer's presence is mandatory when: the accused faces over one year imprisonment (let. b), detention has lasted over ten days (let. a), the accused has impairments (let. c). When mandatory, a lawyer is appointed ex officio (art. 131 para. 1 CrimPC).

Court-Appointed Defence (art. 132 CrimPC)

Two cumulative conditions: indigence and necessity of legal assistance. The Federal Supreme Court specified in ATF 144 IV 299 that complexity, seriousness and the accused's personality are determining criteria.

Interview with a Lawyer

The defence lawyer may attend the interview, ask questions at the end (art. 159 para. 2 CrimPC), and request corrections to the record. They may not answer in the client's place.

Consequences of Violation

Statements obtained in violation of the right to a lawyer are inadmissible (art. 158 para. 2 read with art. 141 para. 1 CrimPC). ATF 143 IV 397 confirmed this constitutes an absolute procedural defect.

Persons Called to Provide Information

A "person called to provide information" (art. 178 CrimPC) does not automatically have the same rights but may be accompanied by legal counsel. If their status changes during the interview, the police must immediately inform them of their rights as accused (art. 158 CrimPC).

Practical Advice

Always invoke your right to a lawyer before any substantive interview. If you cannot afford one, request a court-appointed lawyer. Do not waive this right under pressure.