Arrested in Zurich: 48 hours, then the detention judge
Swiss procedure runs in two successive stages. The police may hold you for a short period and must then hand you to the prosecutor, who has a further period to release you or apply to the compulsory measures court, and that court must rule within the days the code allows from the arrest. Bail exists, and is rarely granted to somebody not ordinarily resident in Switzerland. The grounds for detention are flight risk, collusion and repetition, and release can be applied for at any time without a waiting period.
For a non-resident, flight risk and collusion are the grounds that decide the case, because somebody with no Swiss residence, employment or family appears on the face of it to present both. What works better than a security is a substitute measure: surrender of documents, an obligation to report, a Swiss address willing to receive the person, or supervision enforced where they live.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- The opening period is split between the police and the prosecutor, and the application to the court must be made inside it or the detention cannot continue.
- The compulsory measures court must rule within the period the code fixes from the arrest, which makes the material placed before it the decisive factor.
- Release can be requested at any time, with no waiting period, so an initial refusal is not the end of the question.
- Of the statutory grounds, flight risk is the one that decides non-resident cases and collusion is the one most easily invoked by a prosecutor.
- A security is available but rarely granted to somebody not ordinarily resident, which is why substitute measures are the more realistic request.
- Surrender of documents, reporting obligations, a Swiss address willing to receive the person, or supervision in the country of residence are the measures that actually get granted.
- Searches and seizures usually accompany the arrest and the police will ask for device passwords immediately, which is a decision to take with counsel rather than on the spot.
- Switzerland sits outside the European Union and its customs union, so cross-border cooperation runs on different instruments and the rules on carrying money apply in both directions.
The Swiss clock
| Step | Rule | Source |
|---|---|---|
| Police custody | Up to 24 hours | Handover to the prosecutor |
| Prosecutor | A further 24 hours to apply for detention or release you | Art. 224 Code of Criminal Procedure |
| Total before the application | 48 hours from the arrest | Fixed but fluid between the two stages |
| Compulsory measures court | Rules within 48 hours of the application, and within four days of the arrest | Art. 226 CPC |
| Pre-trial detention | Up to three months, extendable on application | Art. 227 CPC |
| Grounds | Flight risk, collusion, or repetition | Art. 221 CPC |
| Release | Can be applied for at any time | No waiting period |
Why a foreigner is usually detained
Of the three grounds, flight risk is the one that decides cases involving non-residents, and collusion is the one prosecutors invoke most easily. Someone with no Swiss residence, no employment here and no family ties presents, on the face of it, both.
Bail exists in Switzerland and courts do grant release against a security — but rarely to someone not ordinarily resident. What works better is a substitute measure: surrender of documents, an obligation to report, a Swiss address willing to receive the person, or supervision enforced in the country of residence.
Devices are a second front. Searches and seizures usually accompany the arrest, and the police will ask for passwords immediately. Whether to give them is a decision to take with a lawyer, not on the spot.
What actually happens in Zurich
- Financial proceedings. Zurich is the banking centre, and money laundering, unauthorised financial activity and asset seizures form a large part of the caseload.
- Nightlife in Langstrasse and around the lake: fights, drugs at the low end.
- The airport, which produces customs cases and arrests on alerts relating to other countries, including in transit.
- Cross-border traffic with Germany and Austria, generating customs and cash-declaration cases.
- Undeclared cash, since Switzerland sits outside the EU customs union and the rules on carrying money across the border apply in both directions.
Detention here rests on three statutory grounds, and each is answered with different material rather than with a general denial.
| Ground | What the prosecutor argues | What answers it |
|---|---|---|
| Flight risk | No residence, employment or family in Switzerland | Documents, a receiving address and reporting obligations |
| Collusion | That witnesses or co-suspects would be contacted | Undertakings on contact and evidence already secured |
| Repetition | That the conduct would continue if released | Employment, treatment arrangements and absence of history |
| Strength of suspicion | That the material reaches the required threshold | Contesting the material rather than the risk |
| Devices and passwords | That access is needed to secure evidence | A decision taken with counsel, not at the station |
Switzerland is not in the European Union
That changes the cross-border framework entirely. There is no European Arrest Warrant with Switzerland: surrender proceeds by extradition, under the applicable conventions. Judicial cooperation follows the mutual assistance route rather than the European Investigation Order.
For an Italian case the practical consequences are longer timescales and a different set of arguments. The framework is in the guide on extradition and, where an alert is circulating, in the guide on Interpol Red Notices.
Frequently asked questions
How long can Swiss police hold me?
Twenty-four hours, then the prosecutor has twenty-four more to release you or apply to the compulsory measures court, which must rule within four days of the arrest.
Is there bail in Switzerland?
Yes, but it is rarely granted to someone not ordinarily resident. Substitute measures — document surrender, reporting, a Swiss address — usually work better.
Should I give the police my phone password?
That is a decision to take with a lawyer. Searches and seizures normally accompany the arrest and passwords are requested immediately.
Does the European Arrest Warrant apply?
No. Switzerland is outside the European Union, so surrender proceeds by extradition under the applicable conventions, on longer timescales.
If this is happening now
Forty-eight hours to the application and four days to the court's decision: the address and the documents have to exist before then. First contact is free and covered by professional privilege, at any hour.
The Zurich window: handover, application and court
Swiss custody is built in stages, and each stage hands the person to a different authority within a short space of time. The police hold, then pass the person to the prosecutor, who must either release or apply to the compulsory measures court, and that court must rule within a fixed number of days of the arrest itself. Between those stages are the decisions that shape the outcome, and each carries a price.
- Speak to the police, or wait for counsel. The police stage is brief, and a statement made there goes to the prosecutor with the file. Saying little costs some goodwill; saying a great deal can fix a version that the defence has not yet tested.
- Accept the lawyer assigned at the station, or bring your own. A duty lawyer can attend quickly and knows the local routine. A lawyer chosen by the family can be briefed in Italian or English and can think about the Italian side. Many families do both: accept the duty lawyer for the opening hours and add another.
- Offer concrete assurances to the court, or rely on the prosecutor's file. A person who lives abroad is usually treated as a flight risk, so a fixed address, an employer's letter and a relative's undertaking are the material that can change that picture.
- Raise the foreign request, or keep quiet about it. If the arrest follows a request from another state, the lawyer needs to know immediately, because Switzerland deals with such requests by extradition and not by a European warrant.
The family cannot decide for the person, but it can see that the lawyer has the papers within hours, not days.
A security and a substitute measure are not the same request, and for a non-resident the difference usually decides the outcome.
| Measure | What it involves | How realistic it is for a non-resident |
|---|---|---|
| Release against a security | A sum lodged with the court | Available in principle, rarely granted |
| Surrender of travel documents | Passport and identity papers deposited | Frequently accepted as part of a package |
| Obligation to report | Presenting yourself at set intervals | Workable where an address exists |
| A Swiss address receiving you | Somebody undertaking to host and vouch | Often the element that makes the package viable |
| Supervision at home | Measures enforced in the country of residence | Possible, and depends on cooperation arrangements |
Who is held in Zurich
Zurich is a banking centre, an airport hub, a rail junction and a home to a large Italian community. That mixture explains why the people who reach this page are varied, and why many of them did not think of Switzerland as a place where this could happen.
- The Italian who lives and works in the city. A bank employee, an engineer, a restaurateur or a craftsman is arrested at home or at work. The family in Italy hears from a colleague or a neighbour, and wants to know whether the person will be released and whether the permit to stay is at risk.
- The traveller in transit. A passenger changing planes or trains is stopped at a check, and an alert or a request from another state is discovered. The arrest takes place in a station or an airport, far from anyone who knows the person.
- The visitor on business. A manager or adviser who came for meetings is arrested in connection with a financial inquiry in Switzerland or elsewhere. The matter is technical, the language is German, and the immediate need is an interpreter.
- The relative at home. You have a name, a city and a phone number that no longer answers. You want to know whether to travel and whom to call.
Whatever the route, the Swiss reality is the same: a quick sequence of stages, a court that decides on detention, and a presumption, in practice, that a foreigner without roots is likely to be held.
Zurich life interrupted: permit, bank, rent and employer
A Swiss arrest disrupts a life that is typically organised around precise arrangements. Residents depend on permits, insurance, rent and punctual payment, and any gap is noticed.
The employer is the earliest concern. A worker who disappears into custody without explanation may lose the post, and with it, if the permit is tied to the job, the right to stay. The family should find out what the permit says, and whether a letter from the employer confirming that the job is kept open can be obtained.
The household has its own pressures:
- Rent, insurance premiums and social contributions continue to fall due, and automatic payments may fail if accounts are blocked or if the balance runs out.
- Bank accounts may be examined or frozen if the case concerns financial conduct, which affects the ability to pay a lawyer.
- Children enrolled in local schools need a named adult who can speak to teachers and collect them.
- A vehicle left at an airport, a station or a street is subject to charges and may be moved.
Visitors face a simpler but sharper problem: the flight home is lost, accommodation is expensive, and the passport may be kept. A relative who travels should book a flexible ticket, because dates follow the court and not the family. If the person is released, travel may be restricted and the family should ask the lawyer when it will be allowed.
Mistakes that sink a release request in Zurich
Swiss courts decide on detention quickly and on paper, so the way a person and a family behave in the opening hours has a direct effect. The points below concern conduct.
- Do not give a long account to the police. The statement goes to the prosecutor and from there to the court. A detailed story about the facts adds little to a hearing about detention and can be used afterwards.
- Do not sign a record in German that you cannot read. Ask for the interpreter to read it in full, and ask for your objections to be written on the page.
- Do not assume that residence in another country counts for little. It counts, but it must be proved. Without documents it is only a claim.
- Do not contact witnesses or the other side. Even a kind message can be portrayed as interference.
- Do not move money or sell property. Rapid transactions look like preparation to leave.
- Do not discuss the case in calls from custody. Calls may be heard, and relatives who repeat what they were told create a parallel version of events.
- Do not post about the arrest. Social media entries are collected.
- Do not pay people who promise influence. Offers of quick release are common and empty.
Appoint a relative to deal with the lawyer and the consulate. Everyone else can help by gathering papers and keeping quiet.
The residence file a Swiss judge will want
The compulsory measures court has to decide whether there are grounds for detention, and in a case with a foreign person the likeliest ground is the fear of flight. The documents that help are those that make the person's roots concrete. Send clear photographs, labelled plainly, and keep the originals.
- Identity papers and residence permit, or, for a person living elsewhere, proof of residence in the home country.
- Lease or property deed, with recent utility bills, showing a stable address.
- Employment contract and recent payslips, plus a letter from the employer stating that the job remains open.
- Business records, if self-employed: registration, accounts, recent invoices and letters from clients.
- Family documents: marriage or partnership certificates, children's school enrolment, and the name of a relative who can offer an address or attend court.
- Travel records: tickets, bookings and itineraries, which show the purpose of the stay and the planned return.
- Anything handed over by the Swiss authorities: the record of arrest, the notice of rights, the name of the prosecutor and any case reference.
- Medical information, including prescriptions, for any request about health in custody.
Where bail is possible, the court will want to see that the person or the family can provide security. The lawyer will say what form it takes and how to arrange it from abroad.
Because Switzerland is outside the Union, the cross-border framework differs from the one visitors assume applies.
| Question | Inside the European Union | With Switzerland |
|---|---|---|
| Surrender of a person | European Arrest Warrant between member states | Extradition, under the applicable instruments |
| Obtaining evidence | European Investigation Order, authority to authority | Mutual legal assistance, with its own conditions |
| Customs on goods | Free movement inside the customs union | Controls apply, since Switzerland is outside it |
| Carrying cash | Declaration on entering and leaving the Union | Rules apply in both directions at this border |
| Financial proceedings | Supervisory cooperation within the Union | Separate arrangements, with asset measures common |
Zurich, Italy and the border that is not an EU border
Zurich is close to Italy by rail, road and air, and relatives can usually arrive quickly. Arrival does not shorten the process. Access to a detainee is arranged through the prosecutor and the lawyer, and a visit made without arrangement is likely to be refused.
Switzerland is not in the European Union, so the European Arrest Warrant does not apply, and requests from Italy or any other state proceed by extradition and mutual assistance. That changes the legal route, the length of the process and the arguments. A person arrested in Zurich on an Italian request faces a different process from a person arrested in an EU state.
The language of the proceedings in Zurich is German, with local variants in speech. English is used in business, and many officials can follow it, but formal acts are in German, and the person should ask for an interpreter. Italian is spoken by many residents, which can help in conversation, but a record in German is what counts.
Italy has a consulate general in the city, which can confirm the detention, pass messages and check conditions. It does not appoint or pay a lawyer.
Where the case has an Italian dimension, the cross-border tasks are:
- translating Italian documents into German and certifying them where required;
- sending originals by tracked courier, since ordinary post is slow;
- agreeing between the Swiss and Italian lawyers who speaks to which authority.
How the studio takes a Zurich arrest
The studio accepts urgent arrests at any hour, by phone or email, using the contacts on this site. It works from Rome, Milan and Naples, and nobody has to visit an office to begin.
The relative, employer or friend sends a message with the full name, date of birth, nationality, the place of arrest, the authority involved and photographs of any paper received. A written engagement is returned by scan or photograph. An initial call then sets out events in order, asks what has been said or signed, and establishes where the person stands in the Swiss sequence: police, prosecutor or court.
In Switzerland the studio works with a lawyer admitted there, who attends the person and appears before the prosecutor and the compulsory measures court. The Swiss lawyer addresses the authorities; the studio explains the position in Italian or English, prepares Italian documents and handles anything on the Italian side, including a request or an investigation that may lie behind the arrest. It does not predict outcomes.
Zurich keeps the same clock as Italy, so calls between the lawyers and the family fit within the same working day. Because the stages move so quickly, the studio asks the Swiss lawyer to report after each step, and passes the substance to a nominated relative. If the person is released on conditions, the studio helps the family understand each condition and how to meet it, including arrangements for security.
Questions on custody, application and bail
The Swiss sequence is short, and the questions that matter concern its stages. Ask them in the opening call and write down the answers with the date.
- At what time was the arrest made, and when does each stage end?
- Has the prosecutor applied for detention, or is the person still with the police?
- On what ground is detention sought: risk of flight, of interference or of further offences?
- Is bail possible for a person who does not live in Switzerland, and what would it need?
- What documents about residence, work and family will the court want?
- Is there an extradition request or an alert behind the arrest, and does that change the rules?
- Who will interpret, and can the family see the record before the person signs it?
- Is there an Italian element that needs attention now?
- What does the fee cover, in what currency, and how and when should it be paid?
A lawyer who answers precisely is describing the sequence. A lawyer who offers only reassurance has not yet seen the file.
Swiss custody vocabulary
The terms below appear on this page and on papers a family may receive. A plain reading helps with calls and with checking that a document says what you were told.
- Police custody: the early period during which the police hold a person before passing them to the prosecutor.
- Prosecutor: the official who has a further period to release the person or apply to the court for detention.
- Compulsory measures court: the court that decides on detention, and that must rule within a fixed number of days of the arrest.
- Detention: custody ordered while the case proceeds; it is a precaution and not a punishment.
- Bail: release against security; it exists but is rarely granted to a person not resident in Switzerland.
- Flight risk: the ground most often relied on against foreigners, based on the fear that the person will leave.
- Extradition: the route by which another state obtains a person from Switzerland, since the European warrant does not apply.
- Code of Criminal Procedure: the statute that sets the stages and limits, whose provisions the lawyer will cite.
When a term appears that is not here, photograph the page and ask the lawyer before replying to anyone.
About the lawyer
People write to this office from places where Italian is not spoken, and often with documents they cannot read. That is the starting point of the work rather than an obstacle to it. Avv. Massimo Romano practises criminal law and appears before the Court of Cassation; alongside ordinary Italian proceedings he deals with surrender requests, extradition, and the situation of foreign nationals facing charges in Italy. Send or read out what you have: a notice, a receipt from a search, the name of the prison, a lawyer's letter in another language. He will tell you what the document is and what it obliges you to do. The call is followed by a written note setting out what the office can take on, how the file will be handled between Rome, Milan and Naples, and who in the family will be kept informed. Those conversations are held in English whenever that is what the family needs.
Write on WhatsApp or call. Have ready the identity details of the person concerned and a photograph of every page you have received, in whatever language it is written.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp