Switzerland Criminal Law for Expats

Swiss Law Applies to Everyone: Switzerland has a well-developed legal system based on civil law tradition. Foreigners are subject to the same criminal laws as Swiss citizens, with additional consequences including permit revocation and deportation.

Legal System Overview

Swiss criminal law is governed primarily by the Swiss Criminal Code (Schweizerisches Strafgesetzbuch, StGB) at the federal level, with procedural matters handled by the Swiss Criminal Procedure Code (StPO). Key features:

Civil law system: Codified laws rather than common law precedent
Cantonal prosecution: Cases prosecuted by cantonal authorities
Professional judges: No jury trials in criminal cases
Proportionality: Sentences generally less severe than US for same offenses
Rehabilitation focus: Prison system emphasizes reintegration

Offenses That Catch Expats Off Guard

DUI - Strict Enforcement

Switzerland has very low drunk driving thresholds and strict enforcement:

Legal limit: 0.05% BAC (0.025% for new drivers)
Penalties: Heavy fines, license suspension, criminal record
Serious cases: Imprisonment possible for high BAC or accidents
Immigration: Can affect permit renewal or lead to revocation

Traffic Violations - Expensive

Swiss traffic fines are based on income and can be extremely high:

Speeding: Fines calculated based on income (can exceed CHF 100,000 / ~$112,000 USD)
Excessive speeding: Criminal offense, license revocation, potential imprisonment
Using phone: CHF 100+ (~$112+ USD) fine
Not wearing seatbelt: CHF 60 (~$67 USD) fine

Tax Offenses

Tax evasion and fraud treated differently:

Tax evasion: Administrative matter, fines only (historically lenient)
Tax fraud: Criminal offense with potential imprisonment
Key distinction: Fraud involves falsified documents; evasion is mere omission
Note: US FATCA violations are US matter, not Swiss criminal issue

Drug Offenses

Switzerland has nuanced drug laws:

Cannabis: Small amounts decriminalized (CHF 100 / ~$112 USD fine), but possession still illegal
Other drugs: Possession, use, and trafficking all criminal
Trafficking: Serious offense with imprisonment
Immigration: Drug convictions can affect residence status

Defamation and Insults

Switzerland criminalizes defamation and even insults:

Üble Nachrede: Making false statements about someone
Verleumdung: Defamation with knowledge of falsity
Beschimpfung: Insulting someone directly
Online applies: Social media posts can trigger prosecution

Bank Secrecy Violations

Disclosing banking information without authorization is criminal in Switzerland:

Article 47 Banking Act: Up to 3 years imprisonment for disclosure
Applies to: Bank employees, advisors, anyone with access
Note: Official FATCA reporting is exempted

Consequences for Foreigners: Criminal convictions can result in permit revocation, entry bans, and deportation—even for offenses that seem minor. Switzerland can revoke residence permits for "behavior that gives reason for complaint" even without criminal conviction.

Sentencing Framework

Sanction Type	Description
Monetary penalty (Geldstrafe)	Day-fines based on income (e.g., 30 day-fines at CHF 100/day = CHF 3,000 / ~$3,360 USD)
Fine (Busse)	Fixed amount up to CHF 10,000 (~$11,200 USD) for minor offenses
Suspended sentence	Prison sentence not served if no reoffending during probation
Community service	Alternative to short prison sentences
Imprisonment	Actual incarceration for serious offenses
Expulsion (Landesverweis)	Mandatory for certain serious crimes; discretionary for others

If Arrested or Detained

Your Rights

Right to silence: You do not have to answer questions
Right to attorney: Can request lawyer; can be court-appointed
Consular access: Right to contact US Embassy
Interpreter: Right to interpreter if needed
Information: Must be informed of allegations against you

What to Do

Stay calm: Swiss police are professional; cooperation helps
Identify yourself: Provide passport/permit when requested
Request embassy contact: Insist on contacting US Embassy
Request attorney: Before answering substantive questions
Don't sign: Sign nothing you don't fully understand

US Embassy Emergency Contact

Phone: +41 31 357 7777 (after hours)
The Embassy can provide lists of attorneys, monitor your treatment, and contact family.

Immigration Consequences

Criminal matters have serious immigration implications for foreigners:

Mandatory Expulsion

Since 2016, certain serious crimes result in mandatory expulsion from Switzerland:

Murder, manslaughter
Serious assault
Sexual offenses
Robbery, burglary
Drug trafficking
Money laundering over CHF 300,000 (~$336,000 USD)
Certain fraud offenses

Discretionary Consequences

Other offenses may lead to:

Permit non-renewal
Permit revocation
Denial of C permit upgrade
Denial of naturalization
Warning letters affecting future status

Finding Legal Help

Types of Attorneys

Strafverteidiger: Criminal defense attorney
Rechtsanwalt: General attorney (verify criminal law expertise)

Resources

Swiss Bar Association: sav-fsa.ch for attorney searches
Legal aid: Available for those who cannot afford private counsel
US Embassy list: Maintains list of English-speaking attorneys

Cost Expectations

Swiss attorneys typically charge CHF 250-500/hour (~$280-560 USD). Criminal defense for serious matters can cost CHF 10,000-50,000+ (~$11,200-56,000+ USD). Legal aid is available based on financial situation.

Enforcement Tracker

We maintain a database of publicly reported cases involving foreigners in Swiss criminal proceedings.

View Enforcement Tracker →

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Swiss criminal law is complex and varies by case. If facing criminal charges, immediately consult a qualified Swiss criminal defense attorney. Information current as of January 2026.

Criminal Law in Switzerland