Law of Evidence at Switzerland
In Switzerland, the Law of Evidence is primarily governed by the Swiss Code of Civil Procedure (CCP) for civil matters, and by the Swiss Criminal Procedure Code (CrimPC) for criminal proceedings. Here’s a broad overview of how evidence is handled under Swiss law:
🏛️ 1. Legal Framework
Civil Law:
Swiss Code of Civil Procedure (CCP) — in force since 2011
Governs civil litigation (contract disputes, torts, family law, etc.)
Relevant sections: Articles 150–193
Criminal Law:
Swiss Criminal Procedure Code (CrimPC) — in force since 2011
Governs evidence in criminal investigations and trials
📘 2. Key Principles of Evidence in Swiss Law
✅ Free Assessment of Evidence:
Judges in Switzerland have discretion to assess the credibility and weight of the evidence.
There's no strict hierarchy of evidence types (unlike in some common law systems).
✅ Burden of Proof:
In civil cases, the burden of proof lies with the party making the claim.
The standard is usually "preponderance of evidence" in civil matters and "beyond reasonable doubt" in criminal law.
✅ Admissibility:
Evidence obtained illegally (e.g. through coercion or violations of fundamental rights) is generally inadmissible, especially in criminal cases.
There are exceptions if the interest in finding the truth outweighs the legal breach (under certain strict conditions).
✅ Duty to Cooperate:
Parties in civil proceedings must cooperate in presenting relevant documents or facts.
However, there is protection against self-incrimination, especially in criminal proceedings.
📂 3. Types of Evidence Recognized
Witness testimony
Expert opinions
Documents
Physical evidence
Inspection of property or scenes
Party questioning (interrogation of involved parties)
🧾 4. Special Features
Language: Proceedings are held in the official language of the relevant canton (German, French, Italian, or Romansh).
Cantonal Variations: Although federal codes apply, implementation and procedure can vary by canton.
No Discovery Process: Unlike in common law systems, Swiss civil procedure does not have a discovery phase. Evidence must be submitted by the parties and cannot be compelled to the same extent.
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