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+41 41 280 64 64
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Beeler & Marbacher
Law Firm and Notary
Specializing in Inheritance, Employment,
and Criminal Law
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    The collaboration with attorney Simeon Beeler was excellent! In a complex labor law case, he proved to be exceptionally thoughtful, competent, and focused. His calm and composed demeanor consistently provided me, as the client, with a sense of security. Particularly impressive was his honest communication and professional conduct, even when the opposing counsel lost their composure during the proceedings. I can wholeheartedly recommend Mr. Beeler and am extremely satisfied with his work. Thank you very much!
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    About us
    We are your trusted partner in the heart of Lucerne. Our extensive experience and specialized legal expertise enable us to provide efficient and systematic assessments, as well as solution-oriented case resolution. In the event of insurmountable differences, we are happy to represent you in court and before other authorities.
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    Criminal Defense Attorney Lucerne | Attorney | Law Firm

    Criminal Defense Attorney Lucerne – Beeler & Marbacher Law Firm

    How Does a Criminal Procedure in Switzerland Work?

    In Switzerland, criminal proceedings generally follow these steps:

    1. Criminal Complaint/Application for Prosecution: Criminal proceedings are usually initiated by filing a criminal complaint or an application for prosecution with the police or the public prosecutor’s office. Additionally, these authorities may open a case based on their own findings.
    2. Police Investigation: During the investigation, the police determine the facts relevant to the crime. They secure evidence, identify victims and suspects, and may arrest or pursue persons suspected of the offense.
    3. Investigation by the Public Prosecutor’s Office: If there is sufficient suspicion of a crime, the public prosecutor initiates an investigation based on police findings, criminal complaints, or their own discoveries. They clarify the facts and decide whether to close the case, issue a penalty order, or file charges with the court.
    4. Indictment: The prosecutor files charges with the competent court if they find sufficient grounds for suspicion and are unable to issue a penalty order. Once the indictment is submitted, the case becomes pending before the court.
    5. First-Instance Main Trial: Upon submission of the indictment, the court takes over the case, making preparations for the main trial. This includes determining which evidence will be presented and setting deadlines for filing motions.
    6. Judgment: After the main trial, the court deliberates and issues a judgment.
    7. Appeals: The court’s judgment can be appealed, allowing a higher court to review the decision.
    8. Enforcement of Sentence: Once the appeal period expires, the judgment becomes enforceable. For unconditional prison sentences, the convicted person will be incarcerated.

    Criminal proceedings are complex and may vary depending on the case. Moreover, strict deadlines are often enforced, and court recesses do not apply in criminal cases. Therefore, it is recommended to seek timely legal advice from an attorney. With extensive expertise in criminal law, Beeler & Marbacher is the ideal partner for every stage of the process. Whether you need assistance in filing a criminal complaint, wish to file an objection against a penalty order, or require court representation, we are here to help.

    How to Report a Criminal Offense

    A criminal offense can be reported to a law enforcement authority, typically the police or the public prosecutor’s office. It is important to distinguish between a criminal complaint and an application for prosecution.

    How to Distinguish Between a Criminal Complaint and an Application for Prosecution

    • A criminal complaint is a report of a suspected criminal offense. Under the principle of ex officio investigation, authorities are obligated to pursue this report. A criminal complaint can be filed by any person.
    • In contrast, an application for prosecution can only be filed by persons who have been harmed or injured by the offense. Unlike a criminal complaint, an application for prosecution requires an explicit request to initiate criminal proceedings.

    This distinction is significant, as certain offenses, known as offenses subject to a complaint (Antragsdelikte), are only prosecuted if an application for prosecution is filed. Examples of such offenses include property damage, threats, trespassing, and defamation. Furthermore, only those who have filed an application for prosecution can participate in the criminal proceedings.

    Do you need assistance deciding whether to report a criminal offense? Have you been a victim of a crime and are unsure how to file an application for prosecution? Would you like to make private claims within the criminal proceedings? Beeler & Marbacher Law Firm has extensive expertise and can provide you with optimal guidance in determining the best course of action.

    How to Contest a Penalty Order

    A penalty order enables an efficient resolution of criminal proceedings. It can be issued if the accused person has confessed to the facts of the case or if the matter has otherwise been sufficiently clarified. A penalty order is applicable only in cases of less serious offenses. If the penalty involves:

    • a fine exceeding 180 daily units, or
    • imprisonment for more than 6 months,

    the public prosecutor must file charges with the court.

    A penalty order can be contested by filing a written objection with the public prosecutor’s office within 10 days. The prosecutor will then review any additional evidence needed to assess the objection and decide whether to:

    • uphold the penalty order,
    • dismiss the case,
    • issue a revised penalty order, or
    • file charges with the court of first instance.

    Has a penalty order been issued against you, and are you uncertain about filing an objection? Located in the heart of Lucerne, Beeler & Marbacher has successfully reviewed and contested numerous penalty orders. We have the experience to determine when contesting a penalty order is advisable and when prospects for success are high. Don’t hesitate to contact us; we are here to help.

    Imprisonment and Pre-Trial Detention

    Imprisonment is a criminal sanction imposed following a conviction. The minimum duration is three days, while the maximum is 20 years. Where expressly prescribed by law, imprisonment may be life-long.

    Pre-Trial Detention is a temporary deprivation of liberty that can be ordered during an ongoing investigation if there is reasonable suspicion that the person has committed a criminal offense. Pre-trial detention is used to prevent the accused from:

    • fleeing,
    • tampering with evidence or influencing witnesses, or
    • posing a serious threat to others' safety.

    The duration of pre-trial detention is limited and must be regularly reviewed by the competent court.

    The attorneys at Beeler & Marbacher in Lucerne understand the profound impact of measures involving deprivation of liberty. With dedication and expertise, they strive to protect clients from such measures.

    Drug Offenses, Traffic Offenses, and Other Offenses under Secondary Criminal Law

    In addition to the provisions in the Swiss Penal Code (SCC), there are other legal regulations known as secondary criminal law (Nebenstrafrecht). While the SCC covers the fundamental principles and criminal offenses, secondary criminal law addresses specific offenses regulated in various other laws depending on the subject matter. The most important laws include:

    • Federal Act on Narcotics and Psychotropic Substances (BetmG)
    • Road Traffic Act (SVG)
    • Foreign Nationals and Integration Act (AIG)

    With extensive experience in criminal law, Beeler & Marbacher Law Firm has significant expertise in most areas of secondary criminal law as well. We are pleased to offer our comprehensive knowledge and support in these fields as well.

    Criminal Law Firm Beeler & Marbacher in Lucerne

    Kanzleigebäude von außen

    Are you looking for experienced and straightforward professionals in criminal law? We are here for you—attorneys with many years of professional experience and extensive expertise in criminal law. With us, you have a sharp-minded partner by your side who:

    • listens to you and quickly understands your goals and expectations,
    • always strives to achieve the best possible outcome for you,
    • presents you with various courses of action, and
    • guides and supports you throughout the court proceedings.

    Konferenzraum

    Do you have questions about criminal law? Then don’t hesitate to get in touch with us. You can reach us:

    Contact us
    We are
    Beeler & Marbarcher
    Your trusted partner for notarial and legal services, specializing in inheritance, employment, and criminal law.
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    What does Criminal Law regulate?

    Criminal law is a field of law concerned with the penalization of certain behaviors. It defines criminal offenses, establishes the types and ranges of penalties for these offenses, and sets forth the procedures for criminal proceedings. Relevant criminal behaviors are outlined in the Swiss Criminal Code (SCC) as well as in supplementary laws such as the Road Traffic Act (RTA) and the Narcotics Act (NA). As a law firm based in Lucerne with expertise in criminal law, Beeler & Marbacher Attorneys at Law is here to assist you in all criminal matters, whether it be, for example:
    • filing an objection against a criminal order,
    • representing you as a victim of a crime,
    • providing support in criminal proceedings, or
    • defending you if a criminal complaint has been filed against you.
    You can rely on our expertise. With our extensive knowledge and years of experience, we provide you with comprehensive, competent, and compassionate legal advice.
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