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Criminal defense in Chur is governed by federal criminal law and criminal procedure, applied and enforced locally by cantonal authorities in the canton of Graubünden. The main substantive rules come from the Swiss Criminal Code - Strafgesetzbuch - while the criminal process is regulated by the Swiss Criminal Procedure Code - Strafprozessordnung. Local police and the cantonal public prosecutor - Staatsanwaltschaft Graubünden - manage investigations and bring charges. Trials are heard before cantonal courts, and important appeals may reach the Federal Supreme Court. Proceedings in Chur are usually conducted in German, and parties who do not speak the language can request an interpreter.
Facing criminal allegations can have serious legal and personal consequences. You may need a lawyer if you are arrested, formally accused, or under police investigation. A lawyer can advise you on your rights during questioning, help secure the release of a person in custody, and represent you in court.
Common situations where criminal defense counsel is necessary include suspicion of driving under the influence, theft, assault, domestic violence, drug offenses, white collar crimes such as fraud or embezzlement, sexual-offence allegations, and cases involving juveniles. Lawyers also assist with procedural matters such as search-and-seizure challenges, requests for release pending trial, and appeals.
Even if you are only a witness, a lawyer can advise you on how to respond to police requests to avoid inadvertently creating legal exposure. If your case has consequences for employment, immigration, or professional licenses, specialist advice is often essential.
Key legal frameworks relevant in Chur include the Swiss Criminal Code and the Criminal Procedure Code. These set out which acts are criminal, the range of penalties, and the step-by-step procedures for investigation, prosecution, trial, and appeal. Cantonal law and police regulations determine how investigations are carried out locally and how enforcement measures are administered.
Important practical points to know:
- Investigations are usually led by the cantonal public prosecutor or the police under prosecutor supervision. Prosecutors have broad powers to question suspects and collect evidence.
- Suspects have fundamental procedural rights including the right to be informed of allegations, the right to remain silent, and the right to legal counsel. Courts protect the right to a fair trial and review how evidence was obtained.
- Authorities may order measures such as search and seizure, provisional confiscation, electronic surveillance, and pre-trial detention. Such measures generally require judicial authorization and must meet legal standards of necessity and proportionality.
- Sentences range from fines and conditional penalties to custodial sentences and court-ordered measures such as therapy or supervision. Criminal records are kept in the Swiss central criminal record and can affect employment and immigration status.
- Victims have defined rights, including the right to be informed, to participate in proceedings to some extent, and to seek compensation. Cantonal victim-support services can provide practical and psychological assistance.
- If you cannot afford a lawyer, you may apply for free legal aid - unentgeltliche Rechtspflege - through cantonal procedures. The canton assesses eligibility and may appoint counsel when necessary.
Stay calm and identify yourself. You have the right to remain silent about the facts of the alleged offense and the right to legal counsel. If arrested, politely state that you wish to consult a lawyer before answering questions. Ask for an interpreter if you do not understand German.
Yes. Under Swiss criminal procedure law you have the right to legal counsel. You may ask to contact a lawyer before being questioned. If you cannot afford one and the case warrants it, the canton may provide legal aid or appoint a counsel.
Authorities may order pre-trial detention if there is a risk of flight, collusion, or repeated offending, or if serious harm must be prevented. Detention requires legal basis and judicial review. Time limits and review procedures apply, but the exact duration depends on case circumstances. Seek immediate legal advice if detention is threatened or ordered.
A criminal process typically starts with a report or police suspicion. The cantonal public prosecutor investigates and decides whether to bring charges. If charges are filed, the case proceeds to the appropriate cantonal court. In some cases, proceedings may be settled through negotiated measures such as fines or conditional penalties.
Penalties vary with the offense and may include fines, suspended sentences, unconditional custodial sentences, and court-ordered measures such as treatment or supervision. Serious crimes carry heavier penalties. Criminal convictions can also create collateral consequences such as loss of professional licenses or immigration impacts.
Yes. The canton of Graubünden provides a procedure for free legal aid - unentgeltliche Rechtspflege - for those who cannot afford counsel and meet eligibility criteria. An application is required and the court or authority assesses financial need and the merits of the case.
Convictions entered in the Swiss criminal record can influence employment prospects, professional licensing, and immigration matters. Some records are accessible to authorities and employers in specific contexts. There are also rules about record retention and possibilities to have certain entries deleted over time under conditions set by law.
Duration depends on the complexity of the case, the volume of evidence, whether pre-trial detention is involved, and court schedules. Simple cases may be resolved in weeks or months while complex investigations or major trials can take many months or longer. Lawyers can help estimate timelines for your specific matter.
Police and prosecutors may seize items that are relevant to the investigation, including electronic devices, documents, and clothing. Searches and seizures generally require judicial authorization and must follow legal procedures. A lawyer can review whether the seizure was lawful and challenge improperly obtained evidence in court.
Appeals are typically filed with the relevant cantonal appellate court within statutory deadlines. The appeals process can address questions of fact, law, or procedure depending on the stage and nature of the appeal. Final appeals on federal law grounds may be brought to the Federal Supreme Court. An attorney can advise on deadlines, grounds for appeal, and strategy.
Relevant bodies and resources to contact or consult include the cantonal public prosecutor - Staatsanwaltschaft Graubünden - and the Kantonspolizei Graubünden for questions about investigations and procedures. Courts in the canton - the local Amtsgerichte and Kantonsgericht Graubünden - handle trials and appeals at cantonal level. For matters of federal law the Federal Supreme Court - Bundesgericht - is the final instance.
If you are a victim, look for Opferhilfe Graubünden or the cantonal victim support services for assistance. For help finding a lawyer, contact the cantonal bar association or the Swiss Bar Association - Schweizerischer Anwaltsverband - and ask about the cantonal lawyer register and legal-aid procedures. For official texts consult the Swiss Criminal Code - Strafgesetzbuch - and the Criminal Procedure Code - Strafprozessordnung. The Federal Office of Justice - Bundesamt für Justiz - publishes official information on criminal law and procedure.
If you do not speak German, request an interpreter from the authority handling your case. If you are in immediate danger or need urgent police assistance in Switzerland, call the police emergency number 117 or the general emergency number 112.
If you or someone close to you faces a criminal matter in Chur, take these practical steps:
- Do not answer substantive police questions before speaking with a lawyer. You can provide identity details but exercise your right to consult counsel.
- Contact a criminal defense lawyer experienced in Graubünden matters as soon as possible for tailored advice.
- Preserve any evidence or documents that may help your case and keep a written record of events, names, dates, and contact details.
- If you cannot afford a lawyer, ask about unentgeltliche Rechtspflege - free legal aid - and the procedure to apply through the canton.
- If you are a victim, contact local victim support services for practical and emotional assistance and to learn about compensation options.
- Meet procedural deadlines. Criminal cases have strict timetables for appeals, submissions, and responses - a lawyer will help you track these deadlines and protect your rights.
Early legal advice improves your ability to monitor the investigation, challenge unlawful measures, negotiate outcomes when appropriate, and plan a defense strategy. Seek counsel without delay if criminal exposure is possible.
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