Criminal
A unified federal Criminal Procedure Code since 2011, applied by cantonal courts
Switzerland has a single Criminal Code and, since 1 January 2011, a unified Code of Criminal Procedure replacing 26 separate cantonal codes. Prosecution is led by cantonal or federal public prosecutors, and most cases are tried by cantonal courts; the prosecutor can dispose of minor cases by a summary penalty order.
Key rules
- The unified Code of Criminal Procedure has applied nationwide since 1 January 2011.
- A public prosecutor may issue a summary penalty order (Strafbefehl) for lesser offences; the accused can object and force a trial.
- Compulsory measures such as detention are ordered or reviewed by a dedicated compulsory-measures court.
- There is no jury system; professional and sometimes lay judges decide.
Governing law
- Swiss Criminal Code (StGB/CP) (1937)
- Swiss Code of Criminal Procedure (StPO/CPP) (2011)Unified nationwide code
Penalties and consequences
- Monetary penalties expressed in daily units, community service and custodial sentences
- Summary penalty orders (Strafbefehl) for minor offences
In practice
The Strafbefehl disposes of the large majority of cases without trial, so the short window to object is critical in practice. Serious federal crimes (such as certain economic and organised-crime cases) go to the Federal Criminal Court in Bellinzona.