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This guide explains how arrests and searches are handled in Chur, the capital of the Canton of Graubunden, and what rights and procedures are most relevant. Criminal procedure in Switzerland is governed by federal law and implemented by cantonal authorities. In practice this means that the Swiss Criminal Procedure Code sets the basic rules for police powers, arrests, searches, pre-trial detention and judicial review, while the cantonal police and the cantonal public prosecutor apply those rules locally in Chur. Police officers, public prosecutors and courts each have defined roles during an investigation. Individuals who are arrested or who experience a search should understand their immediate rights, how to respond at the scene, and how to challenge unlawful measures later.
Arrests and searches are high-stakes moments that can have lasting legal, personal and professional consequences. A lawyer can protect your rights and steer the process in several critical ways. Common situations where you will likely want legal advice include:
- If you are arrested or detained by the police.
- If the police search your home, vehicle or workplace, or seize electronic devices.
- If you are questioned by police or prosecutors and you do not fully understand the allegations or the language used.
- If you face or want to avoid pre-trial detention or restrictive conditions.
- If you want to challenge the lawfulness of an arrest, search or seizure and seek return of property or damages.
- If you need legal aid because you cannot afford private counsel, or if you require a specialist in criminal defence or privacy law for cases involving digital evidence.
Key legal points to know for Chur and the Canton of Graubunden:
- Governing framework - The Swiss Criminal Procedure Code provides the federal rules for arrests, searches, seizures, legal counsel, and pre-trial detention. Cantonal police and public prosecutor offices apply these rules locally in Chur.
- Grounds for arrest - Police may arrest a person caught in the act, or where there are reasonable grounds to suspect criminal activity combined with risks such as flight, destruction of evidence or danger to public order. Arrests must be justified and documented.
- Detention and judicial oversight - Short-term police custody and longer pre-trial detention require formalization and judicial review. Detainees must be brought promptly before a public prosecutor or judge for a decision about continued detention.
- Searches and search warrants - Searches of homes or closed premises generally require prior judicial authorization. Exceptions exist for urgent situations, consent, or when immediate action is necessary to prevent loss of evidence or danger to persons.
- Seizure of evidence - Police can seize objects that are relevant to an investigation. This includes physical items and, under appropriate legal grounds, electronic devices and stored data. Special rules apply when it comes to protected communications and professional secrecy.
- Rights of the person - Individuals must be informed of the reason for arrest or detention, have the right to remain silent, have the right to contact a lawyer, and often have the right to contact a third party to inform them of the detention. If the person does not speak the language used by authorities, a translator must be provided.
- Legal aid and counsel - If you cannot afford a lawyer, you may apply for legal aid at the cantonal level. During police questioning or court hearings you have the right to legal representation.
- Special considerations for digital evidence - Accessing data on phones, computers or cloud accounts raises privacy and technical issues. Authorities usually need specific authorization to conduct deep searches of digital content. Cooperation and the legal balance between investigation needs and privacy protections are evolving areas of Swiss law.
Stay calm and cooperate with basic lawful requests such as providing identification. Ask clearly for the reason for the arrest and request a lawyer immediately. You have the right to remain silent and to consult with a lawyer before answering substantive questions. If you do not understand the language, request an interpreter. Take note of the officers names and badge numbers if you can.
As a general rule, searches of homes and other closed premises require a judicial search warrant. There are limited exceptions for urgent situations, such as imminent danger, or if you give voluntary consent. Police must be able to justify any warrantless entry or search later in court.
Yes. Police may seize devices that are likely to contain evidence. Seizure is different from full access - investigators frequently seize devices to preserve evidence and then seek a court order or warrant to access encrypted or stored data. You should avoid unlocking devices or providing passwords without consulting a lawyer.
Short-term detention by police is intended to allow immediate investigation and transfer to the prosecutor. Any longer detention must be ordered and reviewed by a prosecutor or court. Federal law requires prompt judicial oversight of detention, and courts periodically review continued pre-trial detention. The exact timing and review intervals are set by law and implemented by cantonal authorities.
Yes. You have the right to legal counsel during police questioning and other stages of the criminal process. If you request a lawyer, questioning should pause until you have had a reasonable opportunity to consult counsel. If you cannot afford a lawyer, you may apply for state-funded legal aid under cantonal rules.
Yes. If you do not understand the language used by authorities, you have the right to an interpreter during questioning, hearings and when official documents are read to you. Ask for an interpreter as soon as possible and record that request.
Yes. If you believe an arrest or search was unlawful, you can raise the issue with your lawyer and file legal challenges before a court. Possible remedies include suppression of improperly obtained evidence, return of seized property, and a civil or administrative complaint against officers for unlawful conduct.
Not necessarily. After an arrest, the case is typically referred to the public prosecutor who decides whether to press charges, release the person, or seek pre-trial detention. If charges are brought, the matter will proceed through the cantonal criminal courts according to statutory timetables.
Seized property is retained as evidence or to prevent further offenses. You can ask your lawyer to seek interim return of items that are not needed for the investigation or to challenge the seizure if it was unlawful. Courts review seizure decisions and can order return when appropriate.
Contact the cantonal legal-aid office or ask the cantonal bar association for a list of criminal defence lawyers in Chur. If you are detained, request that the police or prosecutor provide information about legal aid. Always check whether you meet the financial criteria for state-funded representation.
Helpful local and national resources to consult if you face an arrest or search in Chur:
- Cantonal Police of Graubunden - the local police authority that conducts investigations and executes searches.
- Staatsanwaltschaft Graubunden - the cantonal public prosecutor office that oversees criminal investigations and detention decisions.
- Cantonal Court of Graubunden - for judicial review of detention and search warrants.
- Canton of Graubunden legal aid office - for information about eligibility for state-funded defence counsel.
- Swiss Bar Association and local Bar sections - for lists of criminal defence lawyers and guidance on finding counsel.
- Victim support organisations in Switzerland - for advice if you are a victim of crime and need information about measures and protection.
- Specialized organisations for data protection or digital privacy - for cases involving electronic evidence and privacy concerns.
If you are arrested or your property is searched in Chur, consider the following practical steps:
- Stay calm and do not resist physically. Resisting can create additional charges.
- Ask immediately for the reason for arrest and request a lawyer. Exercise your right to remain silent until you have spoken with counsel.
- Request an interpreter if you do not fully understand German. Make the request on the record.
- Do not delete data or try to hide evidence. If you fear unlawful seizures, note the officers identity and ask for documentation of the search and seizure.
- If a device is seized, do not voluntarily unlock it or provide passwords without consulting a lawyer first.
- Take notes as soon as possible about what happened, including names, badge numbers, times and the sequence of events. Gather witness names if available.
- Contact a criminal defence lawyer in Chur or the cantonal legal-aid office promptly. Early legal involvement improves the chance to secure release, limit police questioning and protect evidence.
- If you believe your rights were violated, consult your lawyer about filing formal complaints, seeking suppression of evidence, or claiming return of seized property or compensation.
Legal issues around arrests and searches are time-sensitive. Prompt, measured action and legal advice improve outcomes and protect your rights during the investigation and any subsequent proceedings.
