Mandatory defence

Mandatory defence means that criminal proceedings may not continue without defence counsel for the accused. Swiss law requires it in serious or sensitive situations, for example where a substantial custodial sentence is possible, the accused is detained for a significant period, cannot adequately defend themselves, or special procedural forms demand representation. If the accused does not appoint counsel, the authority must ensure representation, often through official defence. The purpose is fairness, equality of arms and reliable fact-finding.