Criminal Defence

Why the First Hours Count

Criminal proceedings rarely begin with an indictment. They begin with a summons, a call from the police or a house search — and what happens at that stage shapes the whole case. Statements from the first interview go into the file and are put to you later. At the same time, at that stage an accused person has the most rights and the least information: they know the allegation only in outline and have no access to the file.

The rule therefore is: speak to a defence lawyer before the first interview. This is expressly provided for (Art. 158 Criminal Procedure Code), it does not appreciably delay proceedings, and it costs less than correcting a mistake on appeal.

Speaking — and Remaining Silent

An accused person need not incriminate themselves. They have the right to refuse to make a statement and to cooperate (Art. 113 Criminal Procedure Code) and may not be penalised for it. Silence is not, however, the best strategy in every situation: sometimes an early and precise account removes a suspicion that would otherwise persist for months. That assessment depends on the state of the file — which you only know once you have seen it. We examine it with you before you say anything.

The Penalty Order: The Most Common Case

The great majority of criminal proceedings in Switzerland end not before a court but with a penalty order from the public prosecutor. It is convenient — and dangerous, because it is issued without a hearing and becomes a final judgment unless an objection is filed within ten days (Art. 354 Criminal Procedure Code). We review the facts, the sentence and the collateral consequences: entry in the criminal record, withdrawal of a driving licence, immigration consequences, expulsion. Often the sentence itself is not the problem, but what comes attached to it.

Trial, Appeal, Federal Supreme Court

If an indictment is brought, we prepare the defence along the file: evidentiary motions, questioning of prosecution witnesses, objections to admissibility, sentencing. A first-instance judgment can be appealed to the cantonal court and thereafter — limited to questions of law — to the Federal Supreme Court. We tell you frankly where an appeal has prospects and where it only costs time and money.

Criminal Defence in Eastern Switzerland

We defend before the criminal authorities of the cantons of St. Gallen, Appenzell Ausserrhoden, Thurgau and Zurich. Outside office hours, in urgent cases — arrest, house search — you can reach the on-call service of the St. Gallen Bar Association. If you have been harmed by a criminal offence, the route leads to victim representation.