SWITZERLAND Law and Practice Contributed by: Bruno Ledrappier and Camille Vuillemin-Loup, Charles Russell Speechlys Switzerland
Procedure (CrimPC), the Administrative Criminal Law Act (ACLA) and the Financial Market Supervision Act (FINMASA). 4.2 Due Process and Bail Financial crime cases in Switzerland generally take significantly longer to prosecute than other offences. Key reasons include first the complexity of financial transactions requiring specialist analysis, the volume of documentary evidence such as bank record and the need for expert financial and forensic evidence. Sec - ond, most financial crime cases have a cross-border dimension, requiring international mutual legal assis - tance requests, which typically take months or even years to execute, particularly where multiple jurisdic - tions are involved. Regarding custody, defendants in financial crime cases more commonly remain at liberty during pro - ceedings. Remand detention requires both a strong suspicion of a felony or misdemeanour and a specific ground such as flight risk, risk of evidence tampering or danger of reoffending (Article 221 CrimPC). In prac - tice, pre-trial detention is less common in financial crime matters; defendants are more often released subject to conditions (surrender of travel documents, reporting obligations and/or the provision of a security deposit). Swiss law does not impose a strict maximum dura - tion for pre-trial custody. However, detention must be reviewed periodically (typically every three months) by the compulsory measures court and is subject to the constitutional principle of proportionality – it must not exceed the anticipated sentence (Article 212 CrimPC). The accused may challenge detention orders before the Compulsory Measures Court (Article 222 CrimPC). Additionally, authorities are bound by the principle of expeditiousness under Article 29 (1) of the Federal Constitution, requiring proceedings to be completed within a reasonable time. 4.3 Public or State Funding Public funding is available in Switzerland. Under Arti - cle 29 (3) of the Swiss Federal Constitution, every per - son who lacks the necessary means has a right to free legal assistance, provided their case is not without any chance of success. In criminal proceedings, the state
provides free legal assistance for indigent persons charged with crimes punishable by imprisonment. Eligibility involves both a means test and a merits test: the applicant must demonstrate insufficient financial resources and must show that the case does not appear devoid of any chance of success. The appli - cant must disclose income, assets and their position on the merits. The court decides the application in summary proceedings. Additionally, under Article 130 SCC, mandatory defence counsel must be appointed where the accused faces a potential custodial sentence exceed - ing one year or is in pre-trial detention, irrespective of any means and/or merits test. The state bears the costs if the accused is indigent. Legal aid is not free of charge – it constitutes a reim - bursable advance. A recipient must reimburse the legal aid received as soon as they can do so, and the canton’s claim prescribes ten years after the close of proceedings. Legal aid may be revoked if the condi - tions are no longer met or were never fulfilled. If the accused is acquitted, the costs are borne by the state. 4.4 Venue and Specialisation Switzerland has a dual-level court structure for crimi - nal matters, with cantonal courts handling most prosecutions and the Federal Criminal Court in Bell - inzona handling cases falling under federal jurisdic - tion. Financial crime cases prosecuted by the OAG – which primarily involve financial crime offences such as money laundering, corruption and organised crime – are tried before the Federal Criminal Court, which has developed expertise in complex financial crimes. At the cantonal level, larger cantons such as Zurich and Geneva have established specialised divisions or units with dedicated prosecutors, financial analysts and police officers handling only financial crime cas - es. In other smaller cantons, financial crime cases are generally heard by ordinary criminal courts. The suspect does not have a right to choose the court or venue. Jurisdiction is determined by law – princi - pally based on federal versus cantonal competence and the place of commission of the offence. The Con -
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