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Criminal proceedings

Violence is a criminal offense. How a violent offense is prosecuted is governed by criminal law. The criminal consequences of a violent offense are determined in criminal proceedings.

Criminal law deals with acts such as sexualized violence, domestic violence, threats or insults. Depending on how serious the offense is, it is referred to as an infraction, misdemeanor or felony. The consequences can range from a fine to several years in prison. 

There are two types of offenses: Crimes of application and official offenses.

In these cases, the victim decides for themselves whether they want to press criminal charges. Examples: simple assault, battery, insults, misuse of telecommunication facilities.
An exception applies in cases of domestic violence: simple assault and repeated battery are considered offenses prosecuted ex officio.

Important:

  • the police may only investigate if the victim signs a criminal complaint (the complaint alone is not sufficient)
  • The criminal complaint must be filed no later than 3 months after the act.
  • The criminal complaint can also be withdrawn again
  • Nothing happens without a criminal complaint – the proceedings will be terminated

The police or public prosecutor's office must always act here as soon as they become aware of the offense. Criminal proceedings will be opened, regardless of whether the victim wishes to press charges or not. Examples: aggravated assault, threats, coercion, domestic violence, sexual coercion, rape

In certain criminal offenses (e.g., simple assault or repeated physical abuse within a marriage or partnership), criminal proceedings can be temporarily suspended at the victim's request (Art. 55a Swiss Criminal Code).

This is the procedure:

  • The victim submits a request for suspension
  • The public prosecutor's office is examining whether a suspension improves the safety and stability of the victim.
  • Conditions can be imposed. For example, the accused person can be required to attend a learning program.
  • The break (suspension) lasts a maximum of 6 months
  • If the situation improves, the proceedings can be definitively discontinued
  • If the situation does not improve, the procedure can be resumed at any time

This is how criminal proceedings work

The police, the public prosecutor's office, or a specialized agency usually learns about the crime first. This can be directly from the victim or from a third party.

The police collect information, interview those involved and draw up a report.

Victims and other affected persons are often involved as private plaintiffs. They can request access to the case file and assert their own rights. 

In the end, the prosecution decides. They have the following options:

  • Criminal Order (similar to a judgment)
  • Indictment before the court
  • Discontinuation of the proceedings (e.g. if there is too little evidence)
  • If charges are filed, a trial will take place, and a judge will deliver a verdict at the end. After that, the decision can be appealed to a higher court.

We are here for you

We support you throughout the entire process: we explain procedures, advise you on decisions and, if necessary, put you in touch with experts, e.g. lawyers.

Further information on this topic