You receive a telephone call or a letter from the Swiss police asking you to attend an interview.
Perhaps someone has filed a criminal complaint against you. Perhaps the police simply want to ask you a few questions.
You have nothing to hide, so why not just go and explain everything?
Unfortunately, what seems like an informal conversation can have serious consequences.
Am I a suspect or a witness?
This is the first question you should ask.
In Switzerland, the police can question you as a suspect, a witness or a person providing information.
Your rights and obligations depend on your procedural status.
If you are suspected of committing an offence, you have the right to remain silent and refuse to cooperate with the investigation (Article 158 of the Swiss Criminal Procedure Code).
If you are questioned as a witness or a person providing information, different rules may apply, including possible obligations to answer questions.
Before attending an interview, it is therefore important to understand why the police want to speak to you.
Do I have the right to a lawyer?
Yes.
If you are questioned as a suspect, you have the right to be assisted by a defence lawyer during police questioning (Article 159 CPP).
Your lawyer can help you understand the allegations, prepare for the interview and protect your procedural rights.
You do not need to wait until the matter becomes serious or reaches court.
In certain criminal proceedings, particularly those involving serious offences, legal representation is even mandatory.
Should I simply tell the police everything?
Not necessarily.
Many people believe that refusing to answer questions makes them look guilty.
However, the right to remain silent is a fundamental procedural right in Switzerland.
This does not mean that remaining silent is always the best strategy. Sometimes, providing an explanation or producing documents at an early stage can help clarify the situation.
The important point is to make that decision after understanding the allegations and the potential consequences.
An innocent explanation given without preparation can sometimes create unnecessary contradictions or misunderstandings.
What if I don't speak French?
In the canton of Vaud, criminal proceedings are generally conducted in French.
If you do not understand the language sufficiently, you can request an interpreter.
Do not agree to answer questions in French simply because you can manage an everyday conversation.
Legal terminology and the precise wording of your answers can matter considerably.
Before signing the interview record, make sure that your statements have been accurately recorded.
Can I refuse to attend?
Be careful.
The right to remain silent does not automatically mean that you can ignore a police summons.
Under Articles 205 and 206 CPP, failure to comply with a summons can have consequences, including being brought before the authorities under certain conditions.
If you cannot attend or wish to arrange legal representation first, contact the authority rather than simply failing to appear.
The right move
If the Swiss police want to question you about a criminal offence, consider speaking to a lawyer before the interview.
This is particularly important if the allegations could affect your employment, reputation, residence permit or freedom.
You may ultimately decide to answer every question. But it is better to make that decision with a clear understanding of your rights.
Bénard Avocats Sàrl assists English-speaking clients in criminal proceedings, including police interviews, investigations and court hearings in the cantons of Vaud and Fribourg.
Disclaimer: This article provides general information and does not constitute legal advice. Your rights and obligations depend on your procedural status and the circumstances of the case.