Print   

Federal Constitution of the Swiss Confederation

(excerpts)

[...]

Art. 29 General procedural guarantees
1 Every person has the right to equal and fair treatment in judicial and administrative
proceedings and to have their case decided within a reasonable time.
2 Each party to a case has the right to be heard.
3 Any person who does not have sufficient means has the right to free legal advice
and assistance unless their case appears to have no prospect of success. If it is necessary
in order to safeguard their rights, they also have the right to free legal representation
in court.


Art. 29a Guarantee of access to the courts
In a legal dispute, every person has the right to have their case determined by a
judicial authority. The Confederation and the Cantons may by law preclude the
determination by the courts of certain exceptional categories of case.


Art. 30 Judicial proceedings
1 Any person whose case falls to be judicially decided has the right to have their case
heard by a legally constituted, competent, independent and impartial court. Ad hoc
courts are prohibited.
2 Unless otherwise provided by law, any person against whom civil proceedings
have been raised has the right to have their case decided by a court within the jurisdiction
in which they reside.
3 Unless the law provides otherwise, court hearings and the delivery of judgments
shall be in public.

Art. 31 Deprivation of liberty
1 No person may be deprived of their liberty other than in the circumstances and in
the manner provided for by the law.
2 Any person deprived of their liberty has the right to be notified without delay and
in a language they can understand of the reasons for their detention and of their
rights. They must be given the opportunity to exercise their rights, in particular, the
right to have their next-of-kin informed.
3 Any person in pre-trial detention has the right to be brought before a court without
delay. The court decides whether the person must remain in detention or be released.
Any person in pre-trial detention has the right to have their case decided within a
reasonable time.
4 Any person who has been deprived of their liberty by a body other than a court has
the right to have recourse to a court at any time. The court shall decide as quickly as
possible on the legality of their detention.


Art. 32 Criminal proceedings
1 Every person is presumed innocent until they have been found guilty by a legally
enforceable judgment.
2 Every accused person has the right to be notified as quickly and comprehensively
as possible of the charge brought against them. They must be given the opportunity
to assert their rights to a proper defence.
3 Every convicted person has the right to have their conviction reviewed by a higher
court, with the exception of cases in which the Federal Supreme Court sits at first
instance.

[...]