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Criminal litigation in Chur takes place within the Swiss federal legal framework and the cantonal justice system of the Canton of Graubünden. The Swiss Criminal Code and the Swiss Criminal Procedure Code set out the substantive offences and the rules for investigation, prosecution and trial. Local criminal matters are handled by cantonal and district courts, with the public prosecutor's office of Graubünden leading investigations. Chur, as the cantonal capital, hosts central local authorities that handle police inquiries, detention decisions and first-instance hearings for many criminal cases. Key principles include the presumption of innocence, the right to a defense and the right to be informed of charges and reasons for detention.
Criminal cases can have serious personal, professional and financial consequences. A lawyer experienced in criminal litigation can protect your rights, explain the process and represent you at every stage. Common situations where you should consider legal help include:
- Police questioning or a request to give a statement.
- If you are arrested or placed in custody.
- When you receive summons, formal charges or an indictment.
- If you are the victim and want advice about reporting the offence or participating as a civil party.
- When evidence must be collected, witnesses interviewed or legal defenses prepared.
- If you need to apply for legal aid, file appeals or enforce procedural protections such as requests for interpreter services.
Even in situations that initially seem minor - for example traffic offences that could have license or insurance consequences - early legal advice can prevent escalation and protect your rights.
This is a concise summary of local legal aspects relevant to criminal litigation in Chur and the Canton of Graubünden. For case-specific legal rules you should consult a qualified lawyer.
- Governing law: Substantive crimes are primarily regulated by the Swiss Criminal Code. The Swiss Criminal Procedure Code governs investigation, detention, trial, evidence and appeals. Cantonal law supplements procedure in some administrative and enforcement areas.
- Authorities: The cantonal police in Graubünden conduct initial investigations and may detain suspects. The Public Prosecutor's Office of Graubünden (Staatsanwaltschaft Graubünden) directs criminal investigations and decides whether to bring charges. Courts at district and cantonal level conduct trials and handle pre-trial detention orders.
- Detention and custody: Police custody for identity verification and short-term detention is possible. Under Swiss procedure short-term custody is limited - suspects must be transferred to the public prosecutor or a judge within prescribed time limits. For longer pre-trial detention a court must order investigative detention under specific conditions, such as flight risk or risk of evidence tampering.
- Rights of the accused: Presumption of innocence, right to be informed of charges, right to remain silent, right to counsel and right to an interpreter if you do not understand the language of proceedings. You also have rights to challenge unlawful evidence and request measures to protect privacy and procedural fairness.
- Victim participation: Victims can report crimes to police, cooperate with prosecutors and in many cases join criminal proceedings as civil parties to claim damages.
- Sentencing and penalties: Penalties range from fines and community work to custodial sentences. Swiss law emphasizes proportionate sentencing and includes provisions for suspended sentences, alternative measures and rehabilitation. Criminal records may affect future employment and travel.
Remain calm and request the reason for the interview. You have the right to remain silent and the right to consult a lawyer before answering questions. If you are not fluent in the language used, request an interpreter. It is generally advisable to speak to a lawyer before giving a substantive statement to police.
Police may arrest or detain a person without a warrant in situations where immediate action is required - for example to prevent continued criminal activity or to secure evidence. Such detention is subject to strict time limits and must be followed by review by the public prosecutor or a judicial authority within the legally prescribed period.
Yes. If you cannot afford a lawyer and you are facing serious charges, you can apply for legal aid. Cantonal rules govern legal aid procedures. In urgent situations the court may appoint a defense counsel. Speak to the public defender office or a lawyer to begin the legal aid application process.
Short-term police detention is limited and must be reviewed quickly. For longer investigative detention a court must order pre-trial detention where legal conditions are met, such as risk of flight or danger to public safety. The duration of such detention is limited and subject to periodic judicial review. Exact timeframes vary with case circumstances and legal provisions, so seek lawyer advice for specific timelines.
The prosecutor files charges and the case can proceed to a court hearing. The court will set times for submissions, evidence and witness testimony. Your lawyer will prepare a defense, file motions, and represent you at trial. If convicted, you have rights to appeal to higher courts under defined rules and deadlines.
Swiss practice does allow for agreements with prosecutors in certain cases, such as negotiated fines or penalty arrangements for lesser offences. However, the availability and form of such agreements depend on the severity of the offence, evidence and prosecutorial discretion. Your lawyer can discuss options and negotiate where appropriate.
Consequences range from fines and community service to imprisonment. Additional effects may include criminal records, professional licensing consequences, travel and immigration implications, and civil liability for damages. The exact consequences depend on the offence, prior record and mitigating or aggravating factors.
If you are a foreign national you have the same procedural rights as residents, including the right to a lawyer and an interpreter. You may also contact your consulate or embassy. Consular assistance does not substitute for local legal advice, so engage a local criminal lawyer promptly.
Case length varies widely. Minor matters can be resolved quickly, while complex investigations and serious offences may take months or longer. Factors include the complexity of the evidence, number of witnesses, appeals and caseloads of authorities. Early legal involvement can help manage timing and procedural steps.
Yes. Victims can report offences, provide statements, and in many cases join proceedings as civil parties to claim compensation. Victims may receive information about the progress of the case and may be eligible for victim support services and compensation under certain conditions.
Below are useful authorities and organizations to contact or research when dealing with criminal matters in Chur. Use these as starting points to find specific offices and services in Graubünden.
- Public Prosecutor's Office of the Canton of Graubünden - Staatsanwaltschaft Graubünden
- Cantonal Police of Graubünden - Kantonspolizei Graubünden
- Local district and cantonal courts in Graubünden handling criminal matters
- Victim support services in Graubünden - regional Opferhilfe offices
- Cantonal legal aid office or social services for assistance with legal aid applications
- Swiss Bar Association and local bar associations for lists of criminal law specialists
- Federal Office of Justice and Federal Supreme Court for information on federal procedural rules and final appeals
- Your consulate or embassy if you are a foreign national
If you need legal assistance with a criminal matter in Chur follow these practical steps:
- Do not give detailed statements to police before consulting a lawyer. Exercise your right to remain silent if you are unsure.
- Contact a criminal defense lawyer experienced in Graubünden law immediately. If you cannot afford one ask about legal aid or court-appointed counsel.
- Keep a clear record of events and preserve any evidence - for example messages, photos, receipts or witness details.
- Request an interpreter if you do not understand the language of the proceedings.
- If you are a victim, report the offence to the police and ask about victim support services and the possibility to join the criminal case as a civil party.
- Ask your lawyer about timing, likely outcomes and fee arrangements before engaging them. Get confirmation in writing about responsibilities and any retainer or billing terms.
- If detained, insist on seeing a lawyer and having your contact details passed to someone you trust.
Early legal advice improves your ability to protect rights and navigate criminal proceedings effectively. If you are unsure where to start, contact a local law firm in Chur that specialises in criminal litigation or the cantonal legal aid office for assistance.
