Procedural changes in Switzerland: the lawyer goes into the interrogation room

Abstract

Purpose

The purpose of this paper is to highlight how police officers, lawyers and prosecutors experienced the implementation of the mandatory presence of a lawyer during police interrogation since 2011 in Switzerland.

Design/methodology/approach

This research is based on semi-structured interviews conducted with these practitioners in order to expose their points of view regarding this novelty.

Findings

The presence of a lawyer during interrogation allows for a proper protection of the defendant’s rights. Even if this new collaboration between police and lawyers goes better than expected, some issues still remain. Lawyers can be helpful in some cases, but they also can be considered as an obstacle, especially for psychological aspects and the building of a relationship between police officers and suspects. The issue of videotaped interrogations seems to be currently important in Switzerland and most of these practitioners see this practice as potentially beneficial.

Practical implications

Police interrogation and the question of the defendant’s rights is often mediated, in particular by addressing the issue of false confessions. Knowing the advantages and drawbacks of having a lawyer during interrogation and how everyone experiences the practice can allow to adjust and to improve this new collaboration.

Originality/value

The case of Switzerland with the presence of a lawyer during police interrogations is quite special. Understanding how it works and also compared to videotaping is highly relevant not only for practitioners in criminal justice system.

Citation

Courvoisier, J. (2017), "Procedural changes in Switzerland: the lawyer goes into the interrogation room", The Journal of Forensic Practice, Vol. 19 No. 1, pp. 2-13. https://doi.org/10.1108/JFP-01-2015-0001