The most important thing first
The investigation procedure begins with clarifications by the police or public prosecutor and ends with an dismissal, an order for prosecution, or an indictment. For those affected, it is crucial not to make impulsive statements early and to wait for access to the case file before setting the strategy. Depending on the offense, the procedure often lasts 3 to 18 months, in complex cases longer, and the costs range from a few hundred to several thousand francs.
What we repeatedly notice in practice: many people underestimate not only the duration but especially the impact of the first steps. Exactly in this phase, the question is often whether a charge can be debunked with documents or whether statements made later can be used against you. At Schwager Mätzler Schneider AG in St. Gallen we regularly see that early structure brings more than hasty explanations.
What prerequisites are important for the investigation procedure?
For those affected, it is first important to understand that not everything is fixed in the investigation procedure yet. Before viewing the case files, one often knows the evidentiary situation only fragmentarily, which is why spontaneous statements can be risky. On the other hand, securing documents early lays the groundwork for a clean defense.
- Take accusations or a summons by police or public prosecutor seriously.
- Do not make hasty statements before the files are known.
- Immediately secure documents such as contracts, emails or other materials.
- Involve criminal defense early so that the next steps are coordinated.
Silence is golden
How does the investigation procedure proceed in the correct order?
| Step | What happens | Why this is important |
|---|---|---|
| 1. Contact | The affected person contacts criminal defense or is active after a summons. | No time is wasted before deadlines or interrogations arise. |
| 2. Access to files | Only after access to the files is it clear what accusations and evidence really exist. | Without this basis a robust strategy is hardly possible. |
| 3. Evaluation | Defense checks documents, statements and contradictions. | Contracts and emails can be decisive, as the case example shows. |
| 4. Statement | Only then is a decision made about making a statement or a written admission. | This avoids committing too early. |
| 5. Conclusion | The procedure ends, depending on the circumstances, with dismissal, order for prosecution or indictment. | The further steps and cost consequences depend on this. |
In the example from our practice, the accusation was that an entrepreneur had induced customers to make an advance payment with false statements about services. What mattered were not general explanations, but concrete contracts and emails from which no deceit could be inferred. The procedure was dismissed.
What mistakes in the criminal procedure have the greatest consequences?
The most common misconception is that a quick explanation saves time. In reality, an early statement can hinder the defense when the case file is not yet known. It is also problematic to involve the defense only when key decisions have already been made.
- Make statements before the files are known.
- Do not secure documents promptly or at all.
- Involve the defense only after initial interviews.
- Underestimate the duration of the procedure and the costs.
When is self-protection enough, when is a criminal defense needed?
If you are only seeking general information, you can orient yourself with the procedures. But as soon as a concrete accusation is in play, the benefit of a criminal defense is clearly greater than trying to explain everything yourself. From our view, the boundary is reached where access to files, questions of evidence or possible consequences for profession, money or reputation come into play.
Especially in the case of an order for prosecution or more complex accusations, early input from a criminal defense lawyer is particularly worthwhile. Experience shows that early defense with documented materials can help to refute the accusation of deception. Those who wait risk that a situation that could be explained becomes a more expensive and burdensome procedure.
Frequently asked questions
What does it mean for me if the police or public prosecutor contacts me?
How long can a investigation procedure take?
What do defense costs roughly amount to?
Can a case end without a main hearing?
Those who understand an investigation procedure can react more calmly and targeted. The decisive factors are early securing of evidence, restraint in statements, and a clear examination of the case file before committing. For those affected in St. Gallen and surroundings, Schwager Mätzler Schneider AG is a direct point of contact when a initial accusation becomes a concrete course of action.
Checklist for the first handling of the case
Secure documents immediately, do not speak about the matter impulsively, wait for the access to the case files and then clarify the strategy. The sooner a criminal defense is involved, the better to avoid errors. In unclear situations, silence is often the safer answer than a quick explanation.
Sprechen wir über Ihren Fall
Schwager Mätzler Schneider AG, St. Gallen