Exploring Serious Criminal Offences in Swiss Law

"Serious" criminal rights encompass broad legal areas that include a variety of different norms. These primarily include those that declare certain actions as crimes and impose high penalties. A significant portion of these regulations originates from core criminal law. They can be found in the Special Part of the Swiss Criminal Code and are relevant to various criminal rights. Other federal laws also threaten actions with harsh sanctions.

Swiss criminal law recognizes various types of punishment: fines (Art. 106 SCC), monetary penalties (Art. 34 et seq. SCC), and imprisonment (Art. 40 SCC). Which of these sanctions is imposed depends on the seriousness of the offense. The least severe form of offense is a misdemeanor, punished with a fine. Offenses for which Swiss criminal law provides for a monetary or custodial sentence of up to three years are classified as misdemeanors. Crimes, on the other hand, refer to punishable acts that carry a maximum imprisonment of more than three years (Art. 10 SCC).

General Criminal Law

In general criminal law, severe penalties are primarily provided for offenses against life and limb. This often involves acts of severe violence, such as:

• Intentional homicide (minimum sentence of five years)
• Murder (minimum sentence of ten years, life imprisonment)
• Manslaughter (maximum sentence of ten years)
• Serious bodily harm (maximum sentence of ten years) 
• Female genital mutilation (maximum sentence of ten years)

These offenses are among the most serious of all crimes. They pose a significant emotional burden on the victims and are not manageable without an experienced criminal defense lawyer. Often, even the facts are unclear: if justifying circumstances, incapacity, or diminished capacity are present, the sentence is determined differently. Therefore, it is important to carefully examine the evidence.

Offenses against property are also frequently the subject of criminal proceedings. Property criminal law encompasses a total of 33 offenses. However, only a few of them are associated with high custodial sentences. Up to five years of imprisonment are possible for:

• Embezzlement
• Theft
• Fraud
• Check or Credit Card Fraud
• Extortion
• Fencing

Even harsher maximum penalties apply to some offenses if they are committed by gangs or on a commercial basis. In these cases, perpetrators may face imprisonment of up to ten years. The same applies if there is a particular danger posed by the perpetrator's person or a weapon carried. The maximum sentence for robbery is also ten years.

Juvenile Criminal Law

When it comes to juveniles, Swiss criminal law is particularly lenient. It takes into account the fact that the offender's personality development is not yet complete and focuses on educational measures. There is a whole catalog of such measures. Nevertheless, individual offenses can be punished with imprisonment. The legal basis for this is Article 25 of the Youth Criminal Code (JStG).

The age of the juvenile plays an important role. Generally, imprisonment is only considered when the offender has reached the age of 15. If so, a misdemeanor or crime can be punished with imprisonment ranging from one day to one year. Harsher penalties are possible if the juvenile has reached the age of 16 at the time of the offense.

However, the maximum sentence of four years can only be imposed if the conditions of Art. 25 para. 2 JStG are met. This is the case if

• The offense is a crime punishable by a custodial sentence of at least three years under adult criminal law.
• The offender acted particularly ruthlessly in a crime under Articles 122, 140 no. 3, or 184 SCC.

This is assumed when the motive, execution, or purpose of the offense indicates a particularly reprehensible attitude. A custodial sentence of up to three months can be converted into personal services at the request of the juvenile. The duration of the penalty must be the same.

Sexual Criminal Law

Swiss sexual criminal law encompasses some particularly sensitive offenses. They infringe upon a person's sexual self-determination. This, at least in theory, is accompanied by severe penalties. A statutory maximum sentence of five to ten years applies to:

• Sexual Acts with Children
• Sexual Coercion
• Rape
• Desecration

Promotion of Prostitution

Often, the parties' statements contradict each other in these cases. For the victims, not only the experience but also the trial is a significant burden. Defendants are socially stigmatized—even if they are innocent. An experienced, competent lawyer specializing in sexual criminal law supports you in asserting your rights and guides you safely and impartially through the proceedings.

Corporate Criminal Law

Corporate criminal law is an area of law that touches on many other legal areas. Successful advice is only possible with comprehensive expertise. It requires not only criminal law and criminal procedural skills but also a fundamental understanding of economics. Knowledge of corporate and commercial law is essential. Only in this way can effective scrutiny of allegations and a good defense be ensured.

In everyday business, entrepreneurs face a multitude of legal obligations and criminal risks. These are largely treated as misdemeanors and offenses. Typical examples include tax evasion and fraud, breach of trust, and bribery. However, there are also many offenses classified as crimes with higher custodial sentences. These include

• Fraudulent Bankruptcy and Asset Diminishment
• Creditor Damage through Asset Reduction
• Serious Cases of Money Laundering
• Maladministration

Trials often occur due to fraud, fencing, and embezzlement. These classic criminal offenses of corporate criminal law can affect almost anyone working in a company. In connection with fraud and tax offenses, forgery of documents also plays an important role. It is punishable by up to five years' imprisonment, as is the obtaining of a false certification.

How can a criminal defense lawyer help?

Criminal acts can result in drastic state measures. As sovereign interventions, they often severely restrict your civil rights. They are capable of fundamentally changing your life—and can have dramatic consequences. A criminal defense lawyer helps you assert your rights confidently. Dedicated and competent, the specialist acts as either a mandatory or private defender for you.

He quickly grasps your individual situation. He knows the legal framework to which you, as a suspect, are subject. Often, he succeeds in setting the course of proceedings in the initial phase. As a victim's representative, the criminal defense lawyer ensures the enforcement of your rights. He is solely committed to your interests when representing a mandate.

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"No punishment without law." This principle naturally also applies to life imprisonment. It can only be imposed if such a sanction is clearly established by law. This is only the case for a few offenses, namely:

• Murder (Art. 112 SCC) and Genocide (Art. 264 SCC)
• Particularly Severe Cases of Hostage-Taking (Art. 185 para. 3 SCC)
• Crimes against Humanity (Art. 264a para. 2 SCC)
• War Crimes (Art. 264c-h SCC)
• Serious Cases of Attack on the Independence of the Swiss Confederation (Art. 266 no. 2 para. 2 SCC)

It is relatively rare for a court to impose a life sentence. And even then, it does not necessarily mean that the offender will remain in prison until the end of their life. Swiss criminal law provides for conditional release after 15 years - provided that the offender is given a favorable prognosis.

The assessment takes place when the inmate has served two-thirds of their sentence. In special cases, this is possible after ten years. If it is not expected that the offender will prove themselves after release, preventive detention may be considered. The state uses this measure if the offender continues to pose a danger to society.

What rights do you have as an affected person?

In the context of a criminal proceeding, you may be questioned as a suspect, a person providing information, or a witness. Your rights and obligations depend on the role you play. You are considered a suspect under Article 111 para. 1 SCC if you are accused, charged, or suspected of committing a criminal offense yourself. If you have been summoned by the police or the public prosecutor's office, you are obligated to appear there. Otherwise, police custody may be ordered.

Before the initial interrogation, the police and the public prosecutor's office must inform you about the initiation and subject matter of the proceedings. You have the right to refuse to make a statement and to refuse to cooperate. Furthermore, you are entitled to appoint a defense attorney and to request an interpreter. If these instructions are not provided, your statement may not be used. Whether you fully exercise your right to remain silent or only apply it to specific questions is up to you. Within legal limits, you may even lie. However, false accusations are not allowed, nor is misleading the authorities.

Persons providing information also have the right to remain silent. You are considered such if you are not directly accused, but cannot be ruled out as a perpetrator or participant. Legally, you fall between the accused and witnesses. You have the right to appoint a defense attorney and can be prosecuted for false accusations, aiding and abetting, and misleading the authorities. If you can contribute to the clarification of the crime by your statements without being accused or providing information, then questioning as a witness is appropriate. As such, you are generally required to answer truthfully. However, under certain circumstances, you may invoke your right to refuse to testify. These circumstances are defined in Art. 168 et seq. SCC.

The Swiss Code of Criminal Procedure (CrimPC) uniformly specifies when the authorities are obliged to provide you with a defense attorney. According to Article 130 CrimPC, this is the case when:

• You have been detained for more than ten days;
• A coercive measure depriving you of liberty is imminent;
• You face a prison sentence of more than one year;
• Ensuring the procedural interests is not guaranteed due to your physical or mental condition;
• The public prosecutor personally appears before the court; or
• An abbreviated procedure is sought.

Whether you want to be represented by an attorney does not matter in these cases. In the aforementioned situations, the involvement of a lawyer is mandatory. This constitutes a so-called "necessary defense." However, you have the right to appoint a defense attorney at your own expense whom you trust (choice of defense).

If you lack the financial means, the competent criminal authority will appoint a "public defense." The costs of your defense attorney will initially be borne by the state treasury. However, it can reclaim these costs from you within ten years. The same applies if you refuse to engage an attorney.

You are suspected of having committed a criminal offense? The charges have already been filed? Innocent or not, it is important that you remain calm. Do not let yourself be pressured into making statements to the police or public prosecutor, even if it's just for a house search or a trip to a police station. Every friendly conversation is a potential interrogation.

Therefore, seek legal assistance first and discuss the situation. This way, you can avoid making impulsive statements that may appear in the police report and become the starting point of an interrogation. However, note that you are not entitled to a postponement of the interrogation. Therefore, take care of your defense as soon as possible.

As a witness or informant, you have a duty to appear in court. This applies even if you wish to invoke your right to remain silent or your right to refuse testimony. Only important reasons justify a cancellation. These include, for example, serious illnesses or a long-standing booked trip abroad. If you cannot attend the scheduled appointment, contact the court immediately.

Also, make sure to dress appropriately for the hearing. Behave respectfully towards the judges present.