Main options for action in Switzerland for victims and their relatives
Incident report (main courante)
Where, what, how?
For offences that are not prosecuted automatically (“ex officio”) but only upon complaint (such as insults, “minor” and isolated acts of physical violence, or harassment), the police can record information in its “Police Incident Log” (the public commonly refers to this as an “main courante”).
What happens next?
In practice, not much happens immediately. However, the information remains available to the police and can be used later if the victim decides to file a complaint or if the suspect already appears in the police log in relation to another case, for example.
Report by the victim/third party
Where, what, how?
Some offences are prosecuted automatically (“ex officio”) as soon as they come to the attention of the police or public prosecutor, whether reported by the victim or a third party. These include offences such as violent acts against a person, threats, abduction or unlawful confinement, endangerment, failure to provide assistance, rape or sexual coercion, or incitement to prostitution.
A victim, one of their family members, or a witness can report to the police any acts that fall under criminal law. The victim is then interviewed as a “person called to provide information” and invited to file a complaint, which they are free to do or not. In any case, the public prosecutor pursues the matter, and the perpetrator becomes the “suspect”.
Certain individuals, such as educators or healthcare professionals, have a “duty to report” and are obliged to report any incidents they become aware of.
What happens next?
If the victim does not wish to file a complaint, the procedure continues without the victim having access to the file. They may still be called to testify against the accused unless the accused is a parent, child, or spouse, in which case the victim is not obliged to testify.
Without a criminal complaint, the victim cannot claim any financial compensation for the harm suffered, even if the accused is found guilty and convicted.
Criminal complaint
Where, what, how?
This is the act of the victim reporting incidents they have experienced. This report can be made in person or in writing to the police or in writing to the public prosecutor, with or without the help of a lawyer, in the canton where the events took place.
A prior consultation at a LAVI centre (Federal Act on Victim Assistance) can be valuable. By appointment, the victim meets with a LAVI counsellor (with expertise in legal, social, and psychological fields) to present their situation. They may then be granted additional rights and assistance (see the LAVI section).
Please note that certain incidents can only be reported within a certain period (which can range from three months to several years, generally) after they have occurred or come to the victim’s attention. LAVI can provide guidance on this. If the perpetrator is unknown, it is entirely possible to file a complaint against an unknown person.
What happens next?
If the complaint is filed with the police, the victim is interviewed to create a file, which is then sent to the public prosecutor. Before forwarding the complaint, the police may conduct a preliminary investigation to provide additional information to the public prosecutor, such as interviewing witnesses or the suspect.
Once the complaint file is transmitted to the public prosecutor, a prosecutor is appointed to conduct an investigation both for and against the accused. From this point on, the victim, who has the status of a “plaintiff”, has access to all elements of the case file.
The prosecutor, once their investigation is complete (which may include interviews and the addition of supplementary documents), can either close the case (due to lack of evidence), issue a penal order against the suspect (typically a financial penalty, with or without probation), or formally charge the suspect before a court.
If the case goes to court, the public prosecutor, through their representative, acts as the prosecutor and supports the plaintiff. Depending on the nature of the offence or crime, the suspect will be judged in the Police Court (a single judge), the Criminal Court (three judges), or the Criminal Court of Appeal (five judges). The victim will once again be called to testify against the accused, unless the accused is a parent, child, or spouse, in which case the victim is not obliged to testify.
Two other options exist: simplified proceedings (where both parties agree on the penalty in court, in a sort of negotiation, without a full trial) or a settlement between the parties (a “minor” acknowledgment of the facts by the suspect, with or without financial compensation for the victim, and withdrawal of the complaint).
Police Intervention
Where, what, how?
When the police witness an offence or crime (commonly referred to as “in flagrante delicto”), offences are prosecuted ex officio if they involve violence against a person, threats, abduction or unlawful confinement, endangerment, failure to provide assistance, rape or sexual coercion, or incitement to prostitution.
If the offences are only prosecutable upon complaint, the victim is invited to file a complaint, which they may decline to do.
What happens next?
If the victim does not wish to file a complaint, the procedure continues without the victim having access to the file. They may still be called to testify against the accused unless the accused is a parent, child, or spouse, in which case the victim is not obliged to testify.
Without a criminal complaint, the victim cannot claim any financial compensation for the harm suffered, even if the accused is found guilty and convicted.
If the victim files a complaint, a complaint file is created and sent to the public prosecutor, where a prosecutor is appointed to conduct an investigation both for and against the accused. From this point on, the victim, who has the status of a “plaintiff”, has access to all elements of the case file.
The prosecutor, once their investigation is complete (which may include interviews and the addition of supplementary documents), can either close the case (due to lack of evidence), issue a penal order against the suspect (typically a financial penalty, with or without probation), or formally charge the suspect before a court.
If the case goes to court, the public prosecutor, through their representative, acts as the prosecutor and supports the plaintiff. Depending on the nature of the offence or crime, the suspect will be judged in the Police Court (a single judge), the Criminal Court (three judges), or the Criminal Court of Appeal (five judges). The victim will once again be called to testify against the accused, unless the accused is a parent, child, or spouse, in which case the victim is not obliged to testify.
Two other options exist: simplified proceedings (where both parties agree on the penalty in court, in a sort of negotiation, without a full trial) or a settlement between the parties (a “minor” acknowledgment of the facts by the suspect, with or without financial compensation for the victim, and withdrawal of the complaint).