Principles Of Swiss Criminal Procedure

Given the imbalance of power between prosecutors and persons involved, the principle of equality of arms is at the center of the criminal process.

In principle, criminal law in Switzerland consists of two parts - substantive criminal law and formal criminal law. In substantive criminal law, the conditions of criminal liability are regulated, as are the individual facts and penalties imposed for unauthorized behavior. In formal criminal law, on the other hand, the rules for prosecution are fixed. These are standards which are relevant for the enforcement of the state’s claim for punishment and thus for the enforcement of substantive criminal law. The main laws in this regard are the Swiss Criminal Code (StGB) and the Swiss Code of Criminal Procedure (StPO). In international relations, there are various other regulations, including the delimitation of jurisdiction.

Criminal law as part of the public monopoly on the use of force

Both legal regulations are public law, which regulates the relationship between the state and its citizens. It regulates the legal relations between public authorities and persons subject to the law. This is in contrast to private law, which regulates the relationship between one citizen and the another, i.e. the legal relationship between equal legal entities. An example is the Code of Obligations or property law.

Consequently, in principle, only state bodies may exercise physical force or use direct force. This also applies to criminal proceedings where only the police and public prosecutors are allowed to act in this way (for example, arresting accused persons, searching premises or freezing bank accounts).