Switzerland - Revision history

IBJadmin: /* Trial */

2025-03-07T11:06:54Z

Trial

← Older revision		Revision as of 13:06, 7 March 2025
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	===Trial===		===Trial===
	The accused are presumed innocent until proven guilty<ref>Swiss Constitution, Art.32</ref> and cases must be finished within a "reasonable" amount of time.~~<ref>~~Swiss Constitution, Art.29(1). Both parties have the right to be heard in court<Ref>Swiss ~~COnstitution~~, Art. 29(2)</ref>.		The accused are presumed innocent until proven guilty <ref>Swiss Constitution, Art.32</ref> and cases must be finished within a "reasonable" amount of time. Swiss Constitution, Art.29(1). Both parties have the right to be heard in court<Ref>Swiss Constitution, Art. 29(2)</ref>.

	===Post-Conviction===		===Post-Conviction===

IBJadmin: /* Trial */

2017-09-06T10:05:12Z

Trial

← Older revision		Revision as of 12:05, 6 September 2017
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	===Trial===		===Trial===
	The accused are presumed innocent until proven guilty<ref>Swiss Constitution, Art.32</ref> and cases must be finished ~~with~~ a "reasonable" amount of time.<ref>Swiss Constitution, Art.29(1). Both parties have the right to be heard in court<Ref>Swiss COnstitution, Art. 29(2)</ref>.		The accused are presumed innocent until proven guilty<ref>Swiss Constitution, Art.32</ref> and cases must be finished within a "reasonable" amount of time.<ref>Swiss Constitution, Art.29(1). Both parties have the right to be heard in court<Ref>Swiss COnstitution, Art. 29(2)</ref>.

	===Post-Conviction===		===Post-Conviction===

IBJadmin: /* Trial */

2017-09-06T10:04:52Z

Trial

← Older revision		Revision as of 12:04, 6 September 2017
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	===Trial===		===Trial===
	The accused are presumed innocent until proven guilty<ref>Swiss Constitution, Art.32</ref> and cases must be finished with a "reasonable" amount of time.<ref>Swiss Constitution, Art.29(1). Both parties have the right to be heard in court<Ref>Swiss COnstitution, Art. 29(2)</ref>~~. The defendant has the right to a jury in serious cases such as murder~~.		The accused are presumed innocent until proven guilty<ref>Swiss Constitution, Art.32</ref> and cases must be finished with a "reasonable" amount of time.<ref>Swiss Constitution, Art.29(1). Both parties have the right to be heard in court<Ref>Swiss COnstitution, Art. 29(2)</ref>.

	===Post-Conviction===		===Post-Conviction===

IBJadmin: /* Background */

2017-09-06T09:55:49Z

Background

← Older revision		Revision as of 11:55, 6 September 2017
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	==Background==		==Background==
	Claiming inception in 1291, Switzerland is a small, mountainous country, speaking four official national languages (French, German, Italian and Romansh) and soon reaching 8.5 million inhabitants. Switzerland is traditionally neutral and is known for its prosperity and stability. As a result, it is not a member of the European Union (EU), the European Economic Area (EEA), or NATO. Switzerland maintains a federal system with 26 cantons, the capital city is Berne and the major cities are generally recognised as Geneva (for the United Nations), Lausanne (with headquarters of various sports organisations and tribunals), Zurich (as the economic center and main banking hub) and Basel (for the chemical industry). Although small differences exist in Cantonal procedure, most codes are now unified at a federal (country-wide) level, including the Penal Code, and the admission to any Cantonal bar now grants access to the courts of the entire country.		Claiming inception in 1291, Switzerland is a small, mountainous country, speaking four official national languages (French, German, Italian and Romansh) and soon reaching 8.5 million inhabitants. Switzerland is traditionally neutral and is known for its prosperity and stability. As a result, it is not a member of the European Union (EU), the European Economic Area (EEA), or NATO. Switzerland maintains a federal system with 26 cantons, the capital city is Berne and the major cities are generally recognised as Geneva (for the United Nations), Lausanne (with headquarters of various sports organisations and tribunals), Zurich (as the economic center and main banking hub) and Basel (for the chemical industry). Although small differences exist in Cantonal procedure, most codes are now unified at a federal (country-wide) level, including the Penal Code, and the admission to any Cantonal bar now grants access to the courts of the entire country. Modern day Switzerland generally traces its roots back to 1848, with the drafting of the Swiss Federal Constitution.

	==Type of System==		==Type of System==

IBJadmin: /* Background */

2017-09-06T09:53:36Z

Background

← Older revision		Revision as of 11:53, 6 September 2017
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	==Background==		==Background==
	Switzerland is a small, mountainous country, speaking four official national languages (French, German, Italian and Romansh) and soon reaching 8.5 million inhabitants. Switzerland is traditionally neutral and is known for its prosperity and stability. As a result, it is not a member of the European Union (EU), the European Economic Area (EEA), or NATO. Switzerland maintains a federal system with 26 cantons, the capital city is Berne and the major cities are generally recognised as Geneva (for the United Nations), Lausanne (with headquarters of various sports organisations and tribunals), Zurich (as the economic center and main banking hub) and Basel (for the chemical industry). Although small differences exist in Cantonal procedure, most codes are now unified at a federal (country-wide) level, including the Penal Code, and the admission to any Cantonal bar now grants access to the courts of the entire country.		Claiming inception in 1291, Switzerland is a small, mountainous country, speaking four official national languages (French, German, Italian and Romansh) and soon reaching 8.5 million inhabitants. Switzerland is traditionally neutral and is known for its prosperity and stability. As a result, it is not a member of the European Union (EU), the European Economic Area (EEA), or NATO. Switzerland maintains a federal system with 26 cantons, the capital city is Berne and the major cities are generally recognised as Geneva (for the United Nations), Lausanne (with headquarters of various sports organisations and tribunals), Zurich (as the economic center and main banking hub) and Basel (for the chemical industry). Although small differences exist in Cantonal procedure, most codes are now unified at a federal (country-wide) level, including the Penal Code, and the admission to any Cantonal bar now grants access to the courts of the entire country.

	==Type of System==		==Type of System==

IBJadmin: /* Background */

2017-09-06T09:53:11Z

Background

← Older revision		Revision as of 11:53, 6 September 2017
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	==Background==		==Background==
	Switzerland is a small, mountainous country ~~with approximately nine~~ million inhabitants. Switzerland is traditionally neutral. As a result, it is not a member of the European Union (EU), the European Economic Area (EEA), or NATO. Switzerland maintains a federal system with 26 cantons. ~~Criminal law varies from canton~~ to ~~canton and lawyers must receive a license from each canton in which they wish~~ to ~~practice. The capital is Berne~~.		Switzerland is a small, mountainous country, speaking four official national languages (French, German, Italian and Romansh) and soon reaching 8.5 million inhabitants. Switzerland is traditionally neutral and is known for its prosperity and stability. As a result, it is not a member of the European Union (EU), the European Economic Area (EEA), or NATO. Switzerland maintains a federal system with 26 cantons, the capital city is Berne and the major cities are generally recognised as Geneva (for the United Nations), Lausanne (with headquarters of various sports organisations and tribunals), Zurich (as the economic center and main banking hub) and Basel (for the chemical industry). Although small differences exist in Cantonal procedure, most codes are now unified at a federal (country-wide) level, including the Penal Code, and the admission to any Cantonal bar now grants access to the courts of the entire country.

	==Type of System==		==Type of System==

IBJadmin: /* Pre-Trial */

2017-05-30T13:08:26Z

Pre-Trial

← Older revision		Revision as of 15:08, 30 May 2017
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	The Swiss Constitution provides the right to notice of charges in a language the accused can understand when defendants are detained by police<ref>Swiss Constitution, Art. 31(2)</ref>.Under Article 158 of the Swiss Code of Criminal Procedure the results of an interrogation are ~~in admissible~~ unless the defendant has been given a warning similar to the Miranda warning that is used in the [[United States]]:		The Swiss Constitution provides the right to notice of charges in a language the accused can understand when defendants are detained by police<ref>Swiss Constitution, Art. 31(2)</ref>.Under Article 158 of the Swiss Code of Criminal Procedure the results of an interrogation are inadmissible unless the defendant has been given a warning similar to the Miranda warning that is used in the [[United States]]:
	*he/she is the subject of a criminal investigation for some specific infractions,		*he/she is the subject of a criminal investigation for some specific infractions,
	*he/she has the right to remain silent and to not cooperate with police,		*he/she has the right to remain silent and to not cooperate with police,

IBJadmin: /* Defendants' Rights */

2017-05-30T13:08:10Z

Defendants' Rights

← Older revision		Revision as of 15:08, 30 May 2017
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	==Defendants' Rights==		==Defendants' Rights==
	~~Although~~ Switzerland is not a signatory to the Convention Against Torture<ref>[[Media:cat_signatories.pdf \| See CAT signatures here.]]</ref> "~~Torture~~ and any other form of cruel, inhuman or degrading treatment or punishment" ~~are prohibited~~ under ~~the~~ Constitution<ref>Swiss Constitution, Art. 10(3)</ref>		Switzerland is not only a signatory to the Convention Against Torture<ref>[[Media:cat_signatories.pdf \| See CAT signatures here.]]</ref>, it also prohibits "torture and any other form of cruel, inhuman or degrading treatment or punishment" under its Constitution<ref>Swiss Constitution, Art. 10(3)</ref>

	Under the Constitution, Switzerland offers the accused the "right to free legal advice and assistance unless their case appears to have no prospect of success"<ref>Swiss Constitution, Art. 29(3)</ref>. The accused may also be permitted free legal representation in court.<ref>Swiss Constitution, Art. 29(3)</ref>. This right has been interpreted broadly as extending to non-criminal cases.		Under the Constitution, Switzerland offers the accused the "right to free legal advice and assistance unless their case appears to have no prospect of success"<ref>Swiss Constitution, Art. 29(3)</ref>. The accused may also be permitted free legal representation in court.<ref>Swiss Constitution, Art. 29(3)</ref>. This right has been interpreted broadly as extending to non-criminal cases.

IBJadmin: /* Background */

2017-05-30T13:05:59Z

Background

← Older revision		Revision as of 15:05, 30 May 2017
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	==Background==		==Background==
	Switzerland is a small, mountainous country with approximately nine million inhabitants. Switzerland is traditionally neutral. As a result, it is not a ~~members~~ of the European Union (EU), the European Economic Area (EEA~~), the United Nations (UN~~), or NATO. Switzerland maintains a federal system with 26 cantons. Criminal law varies from canton to canton and lawyers must receive license from each canton in which they wish to practice. The capital is Berne.		Switzerland is a small, mountainous country with approximately nine million inhabitants. Switzerland is traditionally neutral. As a result, it is not a member of the European Union (EU), the European Economic Area (EEA), or NATO. Switzerland maintains a federal system with 26 cantons. Criminal law varies from canton to canton and lawyers must receive a license from each canton in which they wish to practice. The capital is Berne.

	==Type of System==		==Type of System==

IBJadmin: /* Notes */

2017-05-30T12:59:39Z

Notes

← Older revision		Revision as of 14:59, 30 May 2017
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	{{Languages\|Switzerland}}		{{Languages\|Switzerland}}
	__NOTOC__		__NOTOC__


			References:
			<references/>