Switzerland: Difference between revisions
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==Defendants' Rights== | ==Defendants' Rights== | ||
Although Switzerland is not a signatory to the Convention Against Torture<ref>[[Media:cat_signatories.pdf | signatures]] | 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> | ||
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. |
Revision as of 23:27, 1 March 2011
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.
Type of System
Sources of Defendants' Rights
Defendants' Rights
Although Switzerland is not a signatory to the Convention Against Torture[1] "Torture and any other form of cruel, inhuman or degrading treatment or punishment" are prohibited under the Constitution[2]
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"[3]. The accused may also be permitted free legal representation in court.[4]. This right has been interpreted broadly as extending to non-criminal cases.
Pre-Trial
The Swiss Constitution provides the right to notice of charges in a language the accused can understand when defendants are detained by police[5].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:
- 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 legal representation by a private or state-funded attorney, and
- he/she has the right to request the services of an interpreter.[6]
Defendants may also have the right to notify a next-of-kin of their detention.[7]
Trial
The accused are presumed innocent until proven guilty.[8] and cases must be finished with a "reasonable" amount of time.Cite error: Closing </ref>
missing for <ref>
tag
Post-Conviction
Capital punishment was abolished in 1942.[9]. After conviction, the defendant has the right to mandatory review by a higher court.[10]
See Criminal Justice Systems Around the World
QUICK FACTS
- 2010 Prison Population: 6,181
Notes
- ↑ See CAT signatures here.
- ↑ Swiss Constitution, Art. 10(3)
- ↑ Swiss Constitution, Art. 29(3)
- ↑ Swiss Constitution, Art. 29(3)
- ↑ Swiss Constitution, Art. 31(2)
- ↑ Swiss Code of Criminal Procedure, Art. 158
- ↑ Swiss Constitution, Art. 31(2))
- ↑ Swiss Constitution, Art.32
- ↑ Swiss Constitution, Art. 10(1)
- ↑ Swiss Constitution, Art. 32(3)
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