Your Rights Against the Police in Switzerland
Identity Check, Registration, Hearing: Know Your Rights Against the Police According to the CCP and the Constitution.
Last updated : 2026-04-05
Your Rights Against the Police
You must declare your identity if asked to do so. You have the right to silence for all other questions (art. 113 para. 1 CPP). You have the right to an attorney from the first hearing onwards (art. 159 CPP). The police are required to inform you of your rights (art. 158 CPP). A body search requires a legal basis and must respect dignity (art. 249 CPP). You cannot be detained for more than 24 hours without the intervention of the public prosecutor's office (art. 219 para. 4 CPP). Any disproportionate use of police force is unlawful and may lead to state liability.
Frequently Asked Questions
Can the police search me on the street?
A body search requires a legal basis and justified reasons (Art. 249 CPP). A mere identity check is different from a search.
Must I respond to the police's questions?
Only their identity must be declared. For everything else, they have the right to remain silent (art. 113 para. 1 CPP).
What to Do If the Police Use Excessive Force?
Document the facts, obtain medical certificates, file a criminal complaint and/or a claim for liability against the State.
Editorial note
This article is provided for general information on Swiss law. It does not constitute legal advice and is no substitute for consulting a professional.
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