Criminal Law
Criminal defense, criminal charges
We advise and represent accused persons, the private claimants, victims and injured persons in the police preliminary investigation, in the investigation procedure with the public prosecutor’s office, in the coercive measures procedure (investigation and security custody) as well as in the first instance main proceedings or in the appeal proceedings. In addition, we advise and represent persons in the administrative proceedings before the administrative authorities (e.g. in road traffic offenses). Our core competences are:
- Advice and representation of private individuals in the area of general criminal law, business criminal law and road traffic law
- Editing of criminal complaints and applications as well as enforcement of damages and satisfaction claims
- Advice and representation of companies in the area of general criminal law, business criminal law and corporate criminal law
Your Experts
Adrian Vogler
Trainee Lawyer
Focus
Amendment of the Code of Criminal Procedure: The most important innovations
On 17 June 2022, the Federal Assembly adopted various amendments to the Code of Criminal Procedure after consulting the Federal Council Dispatch of 28 August 2019. The referendum period expired unused on 6 October 2022. On 23 August 2023, the Federal Council decided to bring the amendments to the Code of Criminal Procedure into force on 1 January 2024. Three provisions in the Juvenile Offences Act and the Code of Juvenile Procedure are exempt from this. These amendments will be made at a later date. The amendments concern, among other things, the penalty order procedure as well as victims’ rights and the unsealing procedure.
Crinimal liability of legal entities
Companies can be held responsible if they have failed to prevent criminal offences due to “organisational deficiencies”. This regulation can be considered rather restrained in international comparison. In Switzerland, criminal convictions of companies are mainly based on organisational deficiencies. This is due to the two-tier model laid down in Art. 102 SCC to regulate the criminal liability of companies.
Supervisory appeal for foundations
The supervision of foundations is carried out within the framework of a supervisory mechanism under public law, which primarily aims to realise the defined purpose of the foundation and to ensure its functioning. Although the foundation supervision complaint has not yet been explicitly enshrined in law, its basis follows from art. 84 para. 2 of the Swiss Civil Code (CC). This article obliges the supervisory authorities to ensure that the foundation assets are in accordance with the defined foundation purpose.
