Expertise

Criminal Law

Criminal law is one of the most sensitive fields of law, directly affecting personal liberty, the right to life, bodily integrity, honour and property. The process is not limited to the courtroom; a person’s legal position often begins to take shape with the first statement, notification or police action. For this reason, everyone involved as a suspect, defendant, victim or complainant should obtain legal support from the very first moment.

How Do Criminal Proceedings Work?

Criminal proceedings generally consist of two main phases: investigation and prosecution. The investigation begins when a suspicion of crime is learned and is conducted by the public prosecutor; evidence is gathered, statements are taken and witnesses are heard. The prosecutor then either files an indictment or, if there is insufficient suspicion, decides not to prosecute.

The prosecution phase begins when the court accepts the indictment. At hearings, the defence, victim and witness statements, expert reports and digital evidence are assessed. The court may render acquittal, conviction, a decision that no penalty be imposed, dismissal, a deferral of the announcement of the verdict, or a security measure. Appeal remedies are available where their conditions are met.

Rights of a Person Summoned to Give a Statement

The statement or interrogation is one of the most critical moments; what is said here can be decisive later. The core rights of a person summoned are:

  • The right to assistance of defence counsel
  • The right to remain silent and not to incriminate oneself
  • The right to be informed of the accusation and the evidence
  • The right to request the collection of exculpatory evidence
  • The right to have relatives notified
  • The right not to sign the record unread and to object to inaccurate entries
  • The right not to give a statement under pressure, direction or coercion

Detention and Judicial Control

Detention is one of the most severe protective measures, directly restricting personal liberty, and may only be applied where there is strong suspicion of crime and a statutory ground for detention. Instead of detention, judicial control measures such as a travel ban, signature obligation, restrictions on movement or an electronic tag may be ordered.

Detention and judicial control decisions can be challenged. The objection must weigh the state of the evidence, the nature of the offence, the risk of flight or tampering, the person’s social and economic situation, and the principle of proportionality.

Common Offence Types

Our firm represents suspects/defendants and victims/complainants across the main offence groups below. In every case the legal characterisation of the events, the elements of the offence and the lawfulness of the evidence are assessed individually.

  • Offences against persons: intentional/negligent injury and homicide, threat, insult, stalking, violation of domicile, sexual assault and harassment, child sexual abuse, domestic and gender-based violence
  • Offences against property: theft, robbery, fraud and aggravated fraud, breach of trust, damage to property
  • Cyber and digital offences: unlawful access to IT systems, misuse of bank/credit cards, offences committed via social media, violation of privacy, unlawful acquisition and sharing of personal data, blackmail
  • Economic and commercial offences: tax evasion and false invoicing, usury and POS usury, money laundering, bid rigging, cryptocurrency and investment fraud
  • Offences against public administration: embezzlement, misconduct in office, forgery of official/private documents, false accusation, fabricating an offence, perjury, resistance and insulting an officer
  • Other offences: drug use/possession and trafficking, smuggling, endangering traffic safety and drink-driving, unlicensed firearms, zoning and environmental offences

Victim and Complainant Representation

In criminal cases not only suspects and defendants but also victims and complainants need effective legal support. This includes preparing the complaint, submitting evidence, attending statements, representation at hearings, requests to join the case and objections to decisions.

Our Criminal Law Services

Our principal services at every stage of investigation and prosecution:

  • Defence counsel for suspects/defendants; representation of victims/complainants
  • Legal support during statements and interrogation; follow-up during custody and arrest
  • Objections to detention and judicial control decisions
  • Preparation of complaints and criminal reports; objections to non-prosecution decisions
  • Assessment of mediation, advance payment, summary and simplified trial procedures
  • Representation at hearings, submission of evidence and objections to expert reports
  • Assessment of deferral, suspension and alternative sanctions
  • Appeal applications; requests concerning probation and conditional release under enforcement law

This content is provided for general legal information only and does not constitute legal advice on any specific matter.

Frequently Asked Questions

Criminal Law

Assistance of defence counsel during a statement is a legal right and matters greatly for the later stages of the process. Speaking with a lawyer beforehand ensures you act with full knowledge of your rights and helps prevent hard-to-remedy losses.

The duration depends on the scope of the file, the state of the evidence and the workload of the authorities, and no exact timeframe can be given. Regular follow-up, however, helps prevent unnecessary delays.

It depends on whether the offence is subject to complaint. For complaint-based offences, withdrawal may end the case; offences investigated ex officio continue regardless. The specific situation must be assessed.