What is the difference between a simple fine and a Strafbefehl in Switzerland?

An Ordnungsbusse is a payment notice used for minor violations, and once it is paid, the matter is closed. A Strafbefehl, by contrast, is a prosecutor’s decision and may include a fine or other sanction. An Einsprache can be filed against it within 10 days.

What should you do in the first 24 hours if a police matter arises?

First of all, it is advisable to stay calm and not argue on the spot. After that, it is important to identify the type of document, sign nothing you do not understand, and record the circumstances and the details of the people present. In a more serious case, involving a lawyer may also be appropriate.

Do you have to sign every police document in Switzerland?

No, especially not if the content of the document is unclear. A signature often only confirms receipt of the document, but this should always be clarified. If the text is not understandable, you should ask for an interpreter.

What happens if someone does not understand the fine or decision they received?

The document should not be ignored, because deadlines continue to run even if the content is not understood. In such cases, translation or legal advice is necessary. Every document contains the remedy clause, and that should be read first.

What rights does the person concerned have in a Swiss procedure?

They are entitled to the right to remain silent, the right to an interpreter, the right to a lawyer, the right to inspect the file, and the presumption of innocence. These rights must be ensured under the StPO and the ECHR. Before questioning, the person concerned must be informed of the right to remain silent.

When must an Einsprache be filed against a Strafbefehl?

An Einsprache against a Strafbefehl can be filed within 10 days from service. In the first step, it is enough to briefly indicate that the recipient objects to the decision. If the deadline expires, the Strafbefehl becomes legally binding.

Can a Hungarian citizen receive special treatment in Switzerland?

According to the article, no, because as a Hungarian citizen, under the Agreement on the Free Movement of Persons for EU nationals, the same procedural rights apply as to a Swiss citizen. However, in the case of serious or repeated offences, a review of the right of residence may arise.

Police matter or fine: what should you do in the first 24 hours?

What does a police case or fine mean in Switzerland?

Swiss law distinguishes between three main levels of offences:

Level	Swiss designation	Typical case	Consequence
Police fine	Ordnungsbusse	Speeding, parking violation	On-the-spot or postal fine, no criminal record
Administrative proceedings	Verwaltungsverfahren	Permit-related matter, customs shortfall	Decision, possibility of appeal
Criminal proceedings	Strafverfahren / Strafbefehl	Theft, bodily harm, serious traffic offence	Criminal order, possibly a hearing

Most everyday cases fall into the first two categories. Criminal proceedings (Strafverfahren) can have serious legal consequences, and in such cases legal assistance is not optional but strongly recommended.

What is the difference between a fine and a criminal order?

An ordinary police fine (Ordnungsbusse) is an on-the-spot or postal payment notice, typically used for minor offences. If you pay it, the matter is closed and no criminal record is created.

By contrast, a criminal order (Strafbefehl) is a decision issued by the public prosecutor that may include a monetary penalty, a suspended prison sentence, or another sanction. You can file an objection (Einsprache) within 10 days – if you miss that deadline, the criminal order becomes legally binding.

The first 24 hours: what should you do immediately?

1. Stay calm and do not argue at the scene

The powers and procedure of the Swiss police are governed by the Swiss Code of Criminal Procedure (Schweizerische Strafprozessordnung, StPO, 2011). Arguing at the scene rarely helps and can make your situation worse.

2. Do not sign anything you do not understand

If the police ask you to sign documents, you have the right to ask what the signature means. A signature usually does not mean an admission of guilt, but rather confirmation of receipt of the document – still, always clarify this. If you do not understand the text, ask for an interpreter.

3. Note down the circumstances

As soon as you can, write down:

the exact time, location, and circumstances,
the name and badge number of the officer handling the case (if you were given them),
the details of any witnesses present,
any detail that supports your position.

This can later serve as evidence in the event of an objection or appeal.

4. Notify the consulate if necessary

In more serious cases — especially if you have been taken into custody — under the Vienna Convention (1963) you have the right to notify the Hungarian consulate. In Switzerland, the Hungarian Embassy in Bern, with consular duty service in Zurich and Geneva, is responsible.

Your rights and obligations during the proceedings

What rights do you have in Switzerland?

Under the StPO and the European Convention on Human Rights (ECHR), you are entitled to the following rights in all proceedings:

Right to remain silent (Schweigerecht): you are not obliged to incriminate yourself. You must be informed of this right before the questioning begins.
Right to an interpreter (Anspruch auf Übersetzung): if you do not understand the language of the hearing, a free interpreter must be provided.
Right to legal counsel (Recht auf Verteidigung): you have the right to appoint a lawyer and, in certain cases, to request a court-appointed defence counsel free of charge (amtlicher Verteidiger / défenseur d'office).
Right to inspect the file (Akteneinsicht): from a certain stage of the proceedings, you have the right to review the case file.
Presumption of innocence (Unschuldsvermutung): guilt must be proven; you do not have to prove your innocence.

What are you obliged to do during the proceedings?

You must appear at summonses (Vorladung) issued by the authorities.
You must state your identity (identity card, passport or residence permit).
You must not obstruct the proceedings.

Beyond proving your identity, you may refuse to make a statement — but it is advisable to discuss this with a lawyer, as the context matters.

Fine notice or summons: how should you interpret it?

If you receive a fine notice or decision by post, the first step is to identify the type of document. In Switzerland, the following documents are the most common:

Document name	What does it mean?	Deadline
Ordnungsbusse	Simple administrative fine	Payment deadline stated on the document (usually 30 days)
Strafbefehl	Penalty order from the public prosecutor	10 days – Einsprache can be filed
Decision / ruling	Administrative decision	Usually 30 days – Einsprache or appeal
Summons	Summons for questioning	Obligation to appear, date on the document

Every document contains a legal remedies notice (Rechtsmittelbelehrung), which tells you within what deadline and in what form you can object. Always read this section first.

What should you do if you do not understand the content of the document?

If the document is in German, French, or Italian and you do not understand it, do not ignore it. Deadlines still run even if you have not read the document. You can have it translated, or contact the local legal advice service (see below).

Options for objection and appeal: deadlines and forms

When and how can you file an objection?

An objection (Einsprache / opposition) is the most common legal remedy for challenging a decision without having to go to court immediately.

In the case of a penal order (Strafbefehl):

Deadline: 10 days from service
Form: in writing, addressed to the public prosecutor's office (Staatsanwaltschaft)
Content: it is enough to write, “Ich erhebe Einsprache gegen den Strafbefehl vom [date]” – a detailed justification is not required at the first stage
Consequence: the public prosecutor either drops the case or schedules a hearing

In the case of an administrative decision (Verfügung):

Deadline: usually 30 days (cantonal variations possible)
Form: in writing, to the authority named in the document
Content: your position and the reasons

In the case of a police fine (Ordnungsbusse):

If you do not agree, do not pay it immediately – payment may count as acceptance
You can request a formal procedure (Nichtannahme), in which the matter becomes a criminal proceeding and a court decides

What happens if you miss the deadline?

If the deadline is missed, the decision becomes legally binding. In exceptional cases, reinstatement of the deadline (Wiederherstellung der Frist) can be requested, but this is difficult to obtain and requires serious reasons (e.g. hospital stay, documented postal delay).

Legal help and advice: free and paid options

Free legal assistance in Switzerland

Free or low-cost legal advice is available in Switzerland at several levels:

Legal advice offices (Rechtberatungsstellen): In almost every larger city, there are nonprofit or canton-run legal advice offices where an initial consultation is available free of charge or for a nominal fee. These can be found on the website of the local cantonal authority (Kanton) or the city social services office.

Bar associations (Anwaltsverband): Cantonal bar associations (e.g. Zürcher Anwaltsverband, Barreau de Genève) keep lists of lawyers practising in their area, and in some cases also arrange a free initial consultation.

Free court-appointed defence counsel (amtliche Verteidigung / défense d'office): If imprisonment is at stake in criminal proceedings and you cannot afford a lawyer, the court is obliged to appoint defence counsel. This must be requested when the proceedings are initiated.

Pro Bono Svizzera: Some law firms take on pro bono cases for clients in social need – this varies from canton to canton.

Paid legal assistance

Lawyer fees in Switzerland are high: the hourly rate of a general practitioner lawyer is typically 250–500 CHF (approximate figure, 2025 level). For criminal law specialists, this may be higher. If the matter is more serious, the cost of legal representation can quickly reach several thousand francs.

A Hungarian-speaking lawyer is not available in every canton in Switzerland; the language of the proceedings is the official language of the canton (German, French or Italian). An interpreter is provided by the authorities during the proceedings, but if you need one for communication with your own lawyer, you must arrange and pay for your own interpreter.

Cantonal differences and special cases

Why does it matter which canton the incident took place in?

In Switzerland, criminal procedural law is uniform at federal level (StPO, since 2011), but administrative proceedings, the level of fines and certain procedural details differ from canton to canton. A few examples:

Traffic fines: the amount of the Ordnungsbusse is fixed at federal level (e.g. running a red light: 250 CHF), but the handling of more serious traffic offences (e.g. mandatory withdrawal under the Via sicura law) takes place through the cantonal public prosecutor's office.
Parking fines: these generally fall under municipal/administrative jurisdiction, and the available appeal procedure varies by canton.
Immigration aspect: if the case may also affect a residence permit (Ausländerausweis), involvement of the cantonal Migrationsamt may be necessary. This is particularly relevant for holders of a B permit, where certain offences can jeopardise renewal of the permit.

As a Hungarian citizen, do you have a special status?

As a Hungarian citizen, you are considered an EU citizen under the Agreement on the Free Movement of Persons (Freizügigkeitsabkommen, FZA, 1999). This means:

In Switzerland, you are entitled to the same procedural rights as a Swiss citizen.
Criminal proceedings do not automatically mean loss of your residence permit – but in the case of serious or repeated offences, the Migrationsamt may initiate proceedings to review your right of residence.
If the case may also have consequences in Hungary (e.g. a criminal record that also reaches the Hungarian authorities), it is advisable to consider this in advance with a lawyer.

Sources

Federal Criminal Procedure Code (StPO): admin.ch – Schweizerische Strafprozessordnung (SR 312.0)
Federal portal – authorities and procedures: https://www.ch.ch/en/
Hungarian Embassy, Bern: consular duty contact details on the embassy’s official website
Agreement on the Free Movement of Persons (FZA): admin.ch – Freizügigkeitsabkommen (SR 0.142.112.681)
European Convention on Human Rights (ECHR): echr.coe.int