Cross-examination
Questioning of an opposing party’s witness to test accuracy, credibility and completeness, central in common law and more judge-led in Switzerland.
Cross-examination is the questioning of a witness by the opposing party, used to challenge the witness’s account, credibility and assumptions. It is a central feature of adversarial common-law trials. Swiss proceedings are generally more judge-led: courts often conduct witness questioning first, while parties may request supplementary questions or participate according to the applicable procedure. In criminal cases, confrontation rights and the ability to challenge incriminating testimony are particularly important. The function is nevertheless comparable: testing evidence through questioning before it influences the decision.