What to Do If You Are Arrested in Switzerland

Your Immediate Rights Upon Arrest

In Switzerland, any person who is arrested benefits from fundamental rights guaranteed by the Code of Criminal Procedure (CrimPC) and the Federal Constitution (FC). These rights apply from the very first contact with the police, regardless of the reason for the arrest.

The Right to Silence

Art. 113 para. 1 CrimPC enshrines the right of every accused person to refuse to testify. You are not obliged to answer police questions. This right is absolute and cannot result in any penalty. You must, however, state your identity (name, first name, date of birth) in accordance with cantonal legal obligations.

The Right to a Lawyer

Art. 159 CrimPC guarantees the right to a defence lawyer from the very first police interview. If you lack sufficient financial means, you may request a court-appointed lawyer under art. 132 CrimPC. The compulsory measures court rules on this request. Since ATF 143 IV 397, this right is broadly interpreted: the police must actively inform you of this option before any interview.

The Right to Notify a Relative

Art. 214 para. 2 CrimPC provides that the police shall notify a relative of the arrested person, unless procedural reasons prevent it. You may request that a family member or trusted person be informed.

Duration of Pre-Trial Detention

The police may hold you for a maximum of 24 hours for investigation purposes (art. 219 para. 4 CrimPC). Beyond that, the public prosecutor must be notified. If the prosecutor considers that detention should continue, a request must be filed with the compulsory measures court within 48 hours of the arrest (art. 224 para. 2 CrimPC).

The compulsory measures court renders its decision within 48 hours of receiving the request (art. 226 para. 1 CrimPC). If pre-trial detention is ordered, it is limited to three months, renewable (art. 227 CrimPC).

Conditions of Detention

Art. 235 CrimPC sets out the principles governing detention conditions. The freedom of the accused may only be restricted to the extent required by the purpose of detention and security requirements. The accused is entitled to contact with their lawyer, to receive mail (subject to monitoring) and to medical care.

Practical Steps When Arrested

1. Stay calm: any physical resistance may lead to prosecution for obstructing an official act (art. 286 CP) or violence against authorities (art. 285 CP).
2. State your identity but invoke your right to silence for all other questions.
3. Immediately request a lawyer before any substantive interview.
4. Do not sign anything without consulting your defence lawyer.
5. Ask for a relative to be informed of your situation.

Remedies

If you believe your arrest is unjustified, art. 393 CrimPC provides for an appeal against procedural acts. In case of unlawful pre-trial detention, you may claim compensation under art. 431 CrimPC. The Federal Supreme Court confirmed in ATF 137 IV 118 that any unjustified detention gives rise to a right to compensation.