Lexipedia

Pre-trial detention

Detention of an accused before final judgment, permitted only under strict conditions to secure the criminal proceedings.

Pre-trial detention is one of the most intrusive coercive measures in Swiss criminal procedure. It requires strong suspicion of an offence and a specific detention ground, such as risk of flight, collusion, reoffending, or execution-related concerns, as well as proportionality. Detention is ordered and extended by a judicial authority, not simply by the prosecutor. The accused must be heard, has defence rights, and may seek release or review. Alternatives, such as reporting duties or bail-like security, must be considered where sufficient.