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
Michael Kummer
Senior Partner
Sheila Stach
Junior Associate
Felix Imbach
Junior Associate
Sven Pschorn
Junior Associate
Reto Kuoni
Junior Associate
Faris Beganovic
Junior Associate
Filip Lapadatovic
Junior Associate
Focus
Deepfakes and the right to one’s own image: How you can protect yourself
A group photo on Instagram, a photo of an employee at a company party, a video manipulated using AI: Such situations are commonplace today, and the legal issues they raise are anything but trivial. Every person has the right to determine what happens to their image, whether it be a photograph, video or digital representation. This so-called right to one’s own image is not a matter of course, but a legally protected asset that is firmly enshrined in Swiss personality rights. Anyone who uses, exploits or disseminates another person’s image without their consent is, in principle, acting unlawfully. The Swiss legal system offers a multi-layered protection system through Art. 28 of the Swiss Civil Code (CC), Art. 179quater of the Swiss Criminal Code (SCC) and the revised Data Protection Act, although the limits of this system are tested daily in the digital sphere.
Speeding offences: an overview of classification and legal consequences
Speeding offences are among the most common traffic violations in Switzerland. Even minor speeding infringements may result in financial penalties, while more serious violations can lead to criminal sanctions and the revocation of the driving licence.
This article provides an overview of the legal classification, the sanctioning system, and the relevant threshold values.
Police stop: Obligations of the person concerned
A police stop (police power to stop) is a key tool used by the police to investigate criminal offences. It serves to establish any possible link between the person stopped and a criminal offence. The legal basis for this is set out in the Swiss Criminal Procedure Code (StPO), specifically in Art. 215 StPO. Unlike arrest under Art. 217 et seq. StPO, which is only permissible in relation to suspects, police detention does not require any specific suspicion of a crime. Furthermore, police detention must be distinguished from public security measures (such as identity checks in border areas), which serve to avert danger and maintain security and order, rather than to investigate a criminal offence. Such police checks are subject to cantonal legislation.
