The Presumption of Innocence in Swiss Law

A Fundamental Constitutional Principle

The presumption of innocence is enshrined in art. 32 para. 1 FC and art. 6 para. 2 ECHR. Art. 10 para. 1 CrimPC restates: "Every person is presumed innocent until convicted by a legally binding judgment."

The Burden of Proof

The burden rests entirely with the prosecution (art. 10 para. 2 CrimPC). The Federal Supreme Court confirmed in ATF 127 I 38 that the accused has no obligation to cooperate in establishing their own guilt.

The "In Dubio Pro Reo" Rule

Art. 10 para. 3 CrimPC provides the court must acquit when there is insurmountable doubt. The Federal Supreme Court distinguishes two aspects (ATF 144 IV 345): as a rule on the burden of proof, and as a rule on the assessment of evidence.

Prohibition of Prejudging

No public authority may present an accused as guilty before final judgment. ATF 137 IV 22 held that a press release naming an accused as "the perpetrator" before trial may violate this principle.

Pre-Trial Detention

Pre-trial detention requires sufficient suspicion (art. 221 para. 1 CrimPC) and does not prejudge guilt (ATF 143 IV 330).

Media

Art. 74 CrimPC strictly limits information authorities may communicate publicly. Media presenting a person as guilty before trial face civil actions.

Limits

The presumption does not preclude coercive measures justified by investigation needs (searches, seizures, telecommunications surveillance), provided they comply with proportionality (art. 197 CrimPC).