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In principle, accused persons have the right to defend themselves in criminal proceedings (Art. 129 para. 1 CrimPC). This does not apply to cases where there is a mandatory appointment of a defense lawyer, as is set out under Art. 130 CrimPC. If the circumstance meets the requirements of Article 130, the accused person must be defended by a defense lawyer and may not do so himself. The reason for this is not only the legal welfare of the accused, but the mandatory defense serves the rule of law. The public interest is in establishing the truth.
A case of necessary defense is evident if period on remand has continued for at least 10 days. If there is a threat of a custodial sentence of more than one year or potential expulsion from Switzerland, the accused is unable to safeguard their own interests or accelerate proceedings are being conducted. This also applies if the accused has a physical or mental condition or other reasons that makes the defense necessary. Also, if the prosecuting lawyer appears in person before the court of first instance or the court of appeal. Litigators in St. Gallen, Zurich or Frauenfeld can assess your individual case to determine whether a case of necessary defense exists. If evidence is obtained before a defence lawyer has been assigned, although it was recognizable that this would be necessary, the evidence is only admissible if the accused waives the right to have the evidence taken a second time (Art. 131 para. 3 CrimPC).
In addition to the use of a mandatory defense lawyers, there is also the right to choose a defense lawyer (Art. 129 CrimPC). The accused person is entitled to mandate a defense lawyer in any criminal proceedings and at any stage of the proceedings. The attorneys at Teichmann International (Schweiz) AG in Frauenfeld, St. Gallen or Zurich are happy to act as your legal defense in court.
Furthermore, the director of proceedings may order a duty defense lawyer (Art. 132 CrimPC). This occurs if there is a case of a necessary defense and the accused person does not appoint a defense lawyer of their choice or the defense lawyer resigns the mandate. It also happens if the accused person cannot afford a defense lawyer, but it is necessary to employ one in order to protect their legal interests. In any case, the defense lawyer is solely obliged to protect the interests of the accused person (according to Art. 128 CrimPC). The law and the rules of professional conduct are the limits of the necessary legal protection.
Evidence is the introduction of facts into the proceedings with the aim of convincing the prosecuting authority (in particular the public prosecutor and the court) that the constituent elements of the accused offense in question are fulfilled or not fulfilled. Typically, this includes the interrogation of accused persons, witnesses and respondents, expert opinions and factual evidence.
According to Art. 139 of the Code of Criminal Procedure, the criminal authorities shall use all legally admissible evidence that is relevant and suitable according to the latest scientific findings and experience in order to establish the truth. A specialized litigator in Switzerland can provide you with further information on the use of evidence. Afterall, not all methods of gathering evidence are admissible. The prohibited methods of gathering evidence are set out in Art. 140 of the Code of Criminal Procedure. They include in particular the use of coercive means, use of force, threats, deception and promises.
Unlawfully obtained evidence may not be used at all or only to a limited extent, depending on the severity of the violation. The usability is governed by Art. 141 CrimCP. In the event of a violation of Art. 140 CrimCP (violence, threats, deception, etc.), there is an absolute prohibition on the use of evidence. If the evidence is obtained by other criminal means or by violating validity rules (rules that serve to protect the interests of the accused person), it is usable if it is indispensable in the investigation of a serious criminal offences. If only rules of order (which are in place to ensure the conduct of criminal proceedings, but do not serve to protect the interests of the parties to the proceedings) are violated, the evidence is still usable. A lawyer in Zurich, St. Gallen or Frauenfeld will be happy to provide further information on the usability of evidence.