Legal glossary
These general definitions help to understand the terms of Swiss criminal law used in this case. They have an educational value and do not replace the official texts (Criminal Code — CP, Code of Criminal Procedure — CPP) or legal advice.
Actors and statuses
| Defendant | Person suspected, charged or accused in criminal proceedings. The term does not prejudge guilt. |
| Placing under investigation / indictment | Act by which the Public Prosecutor's office formally opens suspicions against a person, who then acquires the status of defendant. |
| Public Prosecutor's office | Authority responsible for directing the investigation, supporting the prosecution and, where applicable, referring a case for judgment. |
| Prosecutor | Magistrate of the Public Prosecutor's office who conducts the criminal investigation. |
| Private claimant / civil party | Injured person who takes part in the proceedings to assert their rights (in particular civil claims). |
| Recusal | Request to remove a magistrate from a case on grounds of alleged bias. |
Procedure and measures
| Criminal investigation | Investigative phase during which the Public Prosecutor's office gathers evidence before deciding to refer a case for judgment or to close it. |
| Pre-trial detention | Deprivation of liberty during the investigation, in particular in the event of a risk of flight or collusion. It is ordered and reviewed by a court. |
| Coercive Measures Court (TMC) | Court that rules on pre-trial detention and other coercive measures, and that reviews their extension. |
| Substitute measures | Measures less intrusive than detention (bail, ban on leaving the territory, reporting to the police station, surrender of identity documents, etc.). |
| Bail (surety) | Sum paid to guarantee that a released defendant will appear for the procedural acts; it may be forfeited in the event of flight. |
| Indictment | Document by which the Public Prosecutor's office sets out the charges and refers the defendant to the trial court. |
| Referral for judgment / closure | At the end of the investigation, the case is either referred to a court or closed (abandonment of prosecution). |
| Letter rogatory / mutual legal assistance | Mechanisms allowing an authority to request investigative acts from an authority in another canton or country. |
| Presumption of innocence | Principle whereby any person is deemed innocent until convicted by a final judgment. |
Offences referred to (Swiss Criminal Code)
| Negligent homicide (art. 117 CP) | Causing the death of a person through negligence, without the intention of killing. |
| Negligent bodily harm (art. 125 CP) | Harming the bodily integrity or health of another person through negligence. |
| Negligent arson (art. 222 CP) | Causing a fire through negligence, endangering persons or property. |
| Forgery of documents (art. 251 CP) | Creating or using a false document (for example a false invoice) to deceive others. |
References: Swiss Criminal Code (CP) and Code of Criminal Procedure (CPP). For the official texts, see fedlex.admin.ch.