The various parties involved in a criminal procedure in Switzerland
Police
What is their role?
For all acts affecting physical, mental, or sexual integrity, the police intervene upon a complaint, a report (for offences prosecuted ex officio), or if they themselves witness an offence (in flagrante delicto).
Their mission is to identify and interview victims and suspects, apprehend and arrest the latter if necessary, and collect, preserve, and analyse evidence related to the case. Complaints and reports, interview transcripts, and all collected items are then submitted to the public prosecutor in a comprehensive report.
Once the facts are brought to the attention of the public prosecutor, the police may conduct additional investigations at their request.
If a victim of violence has themselves committed an offence (e.g., irregular status in Switzerland or drug use), this has no bearing on their status as a victim and should not be a deterrent to approaching the police
Q&A
Interview with Olivia Cutruzzolà, specialist officer, head of the crime prevention and citizen relations section, Police Cantonale Vaudoise, Philippe Collet, deputy chief inspector, head of the vice division, Police Cantonale Vaudoise and security police, and François Nanchen, deputy chief inspector, head of prevention, Police Cantonale Vaudoise | January 2022.
Can a victim consult anonymously with the police before deciding to report or file a complaint?
When a victim contacts the police by phone or visits a police station, the officer takes the time to provide general information on the available options and the process, but cannot comment on their specific situation. Aware that a victim may need time before filing a complaint, we encourage them to speak out, report the facts they have experienced, advise them, and, if appropriate, refer them to a suitable organisation (LAVI centre or association).
If a victim contacts us immediately after an assault or rape, we first direct them to a hospital for initial forensic examinations (“evidence preservation”), available 24/7. This examination, which is very important, can be performed up to several days after the incident. Such acts are prosecuted ex officio once they come to the police’s attention, meaning the police can open a case without a complaint from the victim. Of course, if the victim does not wish to disclose their identity or that of the assailant, or refuses a medical examination, we will encourage them but not compel them.
Victims should never fear disturbing the police: we are here to help them. While accounts of violence are, unfortunately, our daily reality, each victim is always treated with the same care and importance. The police will always listen to a victim and take a complaint. Even if it is not always possible to comfort and reassure someone as they would like, behind the necessary formal stance for quality work and truth establishment, the officer responding to them is, above all, a human being. We believe each victim and receive them with kindness and empathy.
Whether they decide to report what happened or not, a person who has been a victim of violence needs to rebuild. It is essential never to remain alone with what they have experienced and to seek support (psychologist, association).
« Les victimes ne doivent jamais avoir peur de déranger la Police : nous sommes là pour les aider. »
How is a victim who has experienced acts affecting their physical, mental, or sexual integrity interviewed?
Depending on the circumstances, a victim’s interview may take place immediately after the incident or after a rest period to ensure they are in the best possible state. If the report is made months or years after the incident, the interview date is agreed with the victim.
Every adult victim is generally interviewed by two police inspectors as a “person providing information”. They may be accompanied by a trusted person, unless that person is also to be interviewed, for example, as a witness. If it concerns sexual acts, the victim may request to be interviewed by officers of the same gender.
At the start of the interview, we explain the victim’s rights. We then invite them to freely recount what happened. The entire interview is transcribed in real-time, which sometimes requires short pauses. The emotions and reactions of the victim during their testimony (tears, etc.) are also recorded. After this free account, the interviewer may ask additional questions to delve deeper into certain aspects and help ensure a full understanding of the facts. Some questions may be unsettling, but they are not meant to trap the victim; rather, they may later be asked by the opposing party, so it is essential to prepare. At the end of the interview, the transcript is printed and given to the victim to read and sign. An interview typically lasts between two and ten hours.
It is not uncommon for the victim, already shaken by what they have experienced, to feel intimidated or even frightened by the situation. This is perfectly normal. Throughout the interview, it is crucial that they can express their feelings, request breaks as often as necessary, and ask questions if they have any (they should never hesitate to contact us again rather than remain with a question). We strive to adapt, so that each person feels as comfortable as possible.
A minor victim’s interview is always filmed and follows a specially designed protocol (the “NICHD protocol”, which allows the police to phrase questions so that the young victim can provide a complete and objective account). In the main room, a specially trained police inspector interviews the child or adolescent. In a neighbouring room, a psychologist monitors the interview live. At the end of it, a debriefing is held with the parents (unless they are implicated, of course).
“Throughout the interview, it is crucial that the victim can express their feelings, request breaks as often as necessary, and ask questions if they have any.”
What needs and fears do victims express to you?
“I won’t be believed,” “They will say it’s my fault,” “My attacker will seek revenge,” “I’m ashamed in front of my family,” “They will judge me poorly” – these fears are extremely common among victims. We reassure them: every victim is always believed initially, we are here to listen and guide them, and we do not judge them in any way.
Victims often want to know more about the procedure. We explain that a criminal procedure can be long and challenging, and they can receive support throughout.
What happens on the police side once you have taken a victim’s statement?
For offences prosecuted ex officio, we immediately notify the public prosecutor, who will conduct the investigation. When a complaint is filed, we may continue our investigations (other interviews, evidence gathering) before informing the public prosecutor. In all cases, we prepare a complete report that is forwarded to them. The procedure then takes its course, and the victim is no longer confronted with the police.
“We stress the importance for a victim to initiate a procedure for themselves, to free and rebuild themselves, and not solely to see the offender convicted.”
The Swiss Code of Criminal Procedure (CPP) came into force in 2011. What has it changed in the way police handle victims?
To prevent judicial errors or false accusations as much as possible, the legislator introduced the Code of Criminal Procedure, which primarily grants more rights to accused persons.
Since 2011, accused persons facing a potential sentence that could result in at least a year of detention are assisted by a lawyer (“counsel”) from the outset. Previously, an accused person would give their account “raw” to the police, but having counsel present changes this, as they may advise the accused not to speak or to withhold certain details
A special message to address to victims of violence?
We stress the importance for a victim to initiate a procedure for themselves, to free and rebuild themselves, and not solely to see the offender convicted. A dismissal or acquittal may be issued in favour of the accused due to reasonable doubt, for example, in cases of sexual abuse committed in private without physical violence, where the facts are sometimes difficult to establish as it is one person’s word against another’s. This does not mean that the justice system denies the occurrence of the acts or the trauma suffered, nor does it mean they disbelieve the victim.
A procedure often allows victims to find peace with themselves and to protect potential future victims.
Lawyer
What is their role?
The lawyer (“counsel”) of the victim is tasked with advising and representing them throughout the process. The counsel ensures at all times that the victim’s rights are respected. Through their expertise, they strive to help uncover the truth by gathering and adding to the file all relevant documents to defend the victim’s interests and to prove the reality of the events they have suffered.
The victim’s counsel accompanies them during interviews conducted by the police, before the public prosecutor, and in court. They may speak and participate in discussions.
The confidentiality of exchanges between the victim and their lawyer (bound by professional secrecy) is guaranteed. The victim can request to meet with their counsel at any time.
The lawyer’s fees can be fully covered by the state through legal aid (counsel appointed “ex officio”) if the victim does not have sufficient financial means. Thus, all victims are guaranteed the right to be advised and represented.
Being assisted by counsel is a right, not an obligation. A victim can defend their interests on their own if they wish.
Q&A
Interview with Me Céline Jarry-Lacombe, lawyer in Vevey | December 2021.
How do you discuss the criminal procedure and possible outcomes with the victim?
When a victim consults us, it is crucial to gather their testimony accurately. This is why the first meeting is often long and demanding for the victim, as they must revisit the past and describe in detail the acts they have suffered.
It is sometimes difficult for the victim to confide freely in the lawyer, out of fear of being judged or simply out of modesty. However, the lawyer is, above all, a professional accustomed to dealing with such situations. They are also bound by professional secrecy, meaning that the victim can share everything with them without fear that certain facts disclosed will be shared with others.
The lawyer needs to fully understand the case before being able to explain the procedure to the victim. Some details may seem insignificant to the victim, but from a legal perspective, they are decisive and can help prove the perpetrator’s guilt, leading to their conviction. In this context, the relationship between the lawyer and their client (the victim) must be based on trust.
During the first meeting, the lawyer must also, as much as possible, guide the victim on the various procedural strategies available (amicable agreement, compensation, withdrawal of complaint, or conviction) and outline the stages of a typical criminal procedure.
“Some details may seem insignificant to the victim, but from a legal perspective, they are decisive and can help prove the perpetrator’s guilt, leading to their conviction.”
How do you support a victim who may be deeply shaken by what they have endured and fearful of the process?
Listening and advising are the two essential tools. The lawyer must collect the necessary information from the victim without becoming emotionally involved. This is not always easy. Nonetheless, the lawyer, through their academic training in law, is not trained in psychology. Therefore, it is strongly advised that victims experiencing deep distress receive therapeutic support alongside the criminal procedure.
As a victim, facing the denials or lies of the accused can be very difficult to endure. How do you address this aspect with your client?
It is true that during the criminal procedure, the victim may sometimes be battered by statements from the accused, their counsel, certain witnesses, or even the prosecutor or court when they seek to establish the truth of the facts.
The lawyer must make the victim aware of their rights as such, in accordance with Articles 115 et seq. of the Swiss Code of Criminal Procedure (e.g., the right to be accompanied by a trusted person, the right not to be confronted with the accused, or the right to a particular court composition).
The lawyer must also represent the victim during certain investigatory measures (such as interviews of witnesses or the accused), to save them from constantly intervening in the criminal process, which would add additional stress for them (while for the lawyer, it is part of their job) or make personal recovery more difficult. However, one cannot prevent the accused from lying or defending themselves in an ungracious manner (including disparaging the victim); this is why it remains strongly advised for the victim to have therapeutic support in parallel.
“One cannot prevent the accused from lying or defending themselves in an ungracious manner; this is why it remains strongly advised for the victim to have therapeutic support in parallel.”
It is often said that the success of a procedure depends on the financial resources invested by each party. What is your view on this belief? Do all victims, regardless of their social status, have the same chance of seeing their abuser convicted?
Personally, I am convinced that justice is delivered fairly, regardless of the financial means or social status of the parties involved in the procedure. Otherwise, I would be unable to practise my profession.
However, it is true that when a case is straightforward in fact and/or in law, the law does not automatically grant the victim and/or the complainant ex officio counsel. Unfortunately, this means that only those with the financial resources will be able to afford the services of a lawyer from the beginning of the criminal investigation. This is profoundly unfair, as significant elements can emerge at the very start of the criminal investigation. This is precisely why the Swiss Code of Criminal Procedure introduced the system of “counsel from the first hour,” mainly so that persons accused of serious offences that may lead to detention, for example, are necessarily assisted by an ex officio defender from their first police interview.
Conversely, the victim does not necessarily have this opportunity, which can lead to a certain imbalance of power. However, when the prosecutor handling the case considers that it is straightforward in fact and/or in law and refuses the victim ex officio counsel, meaning paid by the state, it is generally because they have all the necessary information to apply the law and, additionally, represent the prosecution. In other words, to make every effort to achieve the conviction of the perpetrator of the alleged facts. In such cases, the public prosecutor supports the prosecution and, by extension, the victim
To ensure victims have the presence of legal counsel by their side from the start of the investigation, LAVI plays a crucial role, as it can offer the victim free consultation hours.
Prosecutor
What is their role?
The Public Prosecutor’s Office, unless it decides not to proceed (for example, in cases of insufficient suspicion or statutory limitation), opens an investigation by assigning one of its prosecutors to the case. The prosecutor’s role is to establish the relevant facts to assist in uncovering the truth, gathering evidence, and conducting additional interviews as necessary. They may also order coercive measures against the accused person (such as pre-trial detention, depending on the seriousness of the facts and/or the dangerousness of the individual).
At the end of their investigation, conducted with consideration for both prosecution and defence, the prosecutor may issue a dismissal order (if the facts are insufficiently proven, time-barred, or if the complaint has been withdrawn, for example), a penal order (a fine, a custodial sentence of up to six months, a maximum of 180 daily fines, or up to 720 hours of community service), or formally charge the accused person. In the latter case, an indictment qualifying the facts legally is prepared by the prosecutor, and the case is referred to a court for trial. From that point on, the prosecutor supports the accusation.
Psychologist/Psychotherapist
What is their role?
Although external to the actual procedure, the psychologist/psychotherapist has an extremely important role in supporting victims of violence. An attack on physical, mental, or sexual integrity can cause various psychosomatic disorders. Psychotherapists are trained to help their patients in their process of recovery, alleviating and ultimately eliminating symptoms resulting from the violence experienced, thereby restoring well-being and balance.
Q&A
Interview with Céline Degonda, psychotherapist in Lausanne | January 2022.
“Why me?” Is this a common question among all victims of violence?
Yes, definitely, “Why me?” but also “How did I let this happen to me?”
We know that “this” exists, that people suffer from relationships called “toxic”, that “damaged” people walk the streets, that children are mistreated. But we don’t feel directly concerned, until it invades our own lives and everything falls apart. Then there is a terrible sense of injustice that takes hold of “me”, of who I am and who was spared until then. Or even me, who has already had more than my share of bad experiences. In any case, a bad encounter or a painful experience inflicted by others throws us into a survival mode that colours our entire world, seemingly forever. So, yes, we ask ourselves, “Why me?” “Why now?”… and there won’t be an answer.
Being assaulted, harassed, or manipulated can happen to anyone, without distinction. There are abusers, and they find victims. And it could be me, and it’s never the right time.
“Being assaulted, harassed, or manipulated can happen to anyone, without distinction. There are abusers, and they find victims. And it could be me, and it’s never the right time.”
The shame of having had their integrity violated can lead victims to deny or “wait for it to pass”. What would you like to make these people aware of?
A person who suffers violence tends to feel responsible for what is happening to them, and very often, they feel a sense of shame. They may be inclined to question themselves as a victim, thinking that their behaviour opened the door to abuse…
Certain factors related to the situation may encourage this dynamic to take root, and especially to persist, particularly when a person is in a situation of dependency, materially or emotionally, on their abuser. It is indeed all the more difficult for them to realise the toxicity of the relationship if there is intimacy, idealisation, or a relationship of dominance. Even though the relationship causes suffering, it seems that they “need” it. Change is then considered an unreasonable risk, and one becomes ready to mentally “twist” their thoughts to avoid facing it.
One then falls into denial, saying, “It’s not that bad,” or “If I act more like this, less like that, things will get better.” However, this is always wrong. In fact, it contributes to maintaining the status quo, which is always tempting when faced with change, which will confront us with uncertainty and the unknown.
Doubt, shame, guilt, and regret are all feelings that always reflect misunderstanding, even shock, linked to trauma, keeping us passive. Realising that this is related to the situation and not to any hypothetical personal responsibility is a necessary first step to removing the barriers that block the path to self-recovery. With external support, one will be less afraid of moving out of a victim position.
“We change after a traumatic experience. We go through an identity crisis that we must overcome in order to continue moving forward. Not immediately, not too quickly, and not alone.”
How can one rebuild themselves after trauma, such as rape, physical, or mental violence?
With time, the shame related to such a situation will turn to anger, then to contempt, and finally, ideally, to indifference.
The very nature of a traumatic experience is that it cuts across our identity: there is a “before” and an “after”. The great challenge in rebuilding oneself is reconnecting with oneself. This requires activating one’s resources, both internal and external. One must do something about it, take action, to emerge different, but richer from the experience and ready to avoid the traps one might encounter in the future. Or at least, ready to talk about it.
We change after a traumatic experience. We go through an identity crisis that we must overcome in order to continue moving forward. Not immediately, not too quickly, and not alone.
What can one expect from psychological support after experiencing acts of violence?
The help that psychotherapy can provide involves a compassionate ear and support in the process of rebuilding oneself. This might involve identifying the specific type of dependency we find ourselves in, identifying our resources, approaching the nature of our relationship with violence and with ourselves, and understanding the emotional gaps that this relationship was initially supposed to fill. Together, it will be possible to consider new ways of meeting these needs while respecting and reconnecting with oneself.
Above all, it is about experiencing a safe relationship, which is why trust in the therapeutic relationship is so important. A good therapeutic alliance is recognised as the main factor for successful therapy, regardless of the theoretical orientation of the therapist.
“The victim does not have to forgive but rather to protect and heal themselves in order to move forward.”
What message would you like to convey to victims who are reading this interview?
Whatever understanding one may have of a person’s behaviour, it is unacceptable to use physical or psychological violence to express disagreement or to obtain something from someone, whether they are a stranger or an intimate friend.
If one didn’t “see it coming” in time, it’s because everything was done to ensure it was too late by the time one would have become aware. And if one could not avoid it, it’s because they hadn’t learned to protect themselves, or because they needed too much to believe in the sincerity of the interest shown to them. In any case, one has the right to say no, even if they didn’t do so immediately, and one has the right to defend oneself if that is not respected. The victim does not have to forgive but rather to protect and heal themselves in order to move forward.