What is interesting about the public prosecutor’s procedure in Switzerland? A criminal procedure of first instance in Switzerland consists of three main phases: the police inquiry, the prosecutor’s procedure and then – if the case is not dismissed early – the court procedure. The prosecutor’s procedure is often the most important phase. It takes up the largest amount of time and the most evidence is collected in this phase. It is safe to say that, in most cases, the final outcome of a case is largely determined in this phase already. One could say: the prosecutor’s procedure is where the beef is. 52 LAWYERMONTHLY FEBRUARY 2023 AGuide to the Public Prosecutor’s Procedure in Switzerland Thought Leader Swiss criminal prosecution contains many particularities that set it apart from peer nations, from the issuing of penalty orders to the rights afforded to defendants and victims. Lawyer Monthly speaks with former public prosecutor Simon Bächtold in this feature, gaining his insights into the workings of the prosecutor’s procedure. His advice is a must-read for defence attorneys and sheds additional light on the broader landscape of criminal law in Switzerland, including the growing threat of cybercrime.
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