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Europe: EAW, extradition, Red Notice

Arrested in Bern: the federal capital

by Massimo Romano2 min readupdated 2026-08-05
European institutional architecture
Direct answer

Most Swiss criminal proceedings are cantonal, but a defined set — organised crime, terrorism, serious economic offences with a cross-border dimension, corruption of officials — falls to the federal authorities, whose seat is in Bern. Which track you are on changes who is prosecuting and where the case is heard.

Federal or cantonal

It is the first thing to establish, because it determines the prosecutor, the court and the practical rhythm of the case. Federal proceedings are conducted by the Office of the Attorney General of Switzerland and tried before the Federal Criminal Court in Bellinzona — which, incidentally, sits in Italian-speaking Ticino.

For a foreign national the federal track usually means a case with an international dimension already recognised, and therefore parallel proceedings elsewhere, mutual assistance requests, and asset measures. The Italian side of that is in the guide on cross-border investigations.

The Swiss clock, in short

Twenty-four hours of police custody, twenty-four more for the prosecutor, a decision by the compulsory measures court within four days, detention of up to three months at a time, and bail rarely granted to non-residents. The full framework is in the guide for Switzerland.

The rest of the caseload

Bern is also an ordinary Swiss city, and it produces the ordinary cases: nightlife and public order in the old town, theft accusations, driving offences on the routes across the country, and the customs matters that follow from Switzerland sitting outside the EU customs union.

Frequently asked questions

What is a federal case in Switzerland?

A defined set of offences — organised crime, terrorism, serious cross-border economic crime, corruption of officials — prosecuted by the federal authorities rather than the canton.

Where are federal cases tried?

Before the Federal Criminal Court, which sits in Bellinzona, in Italian-speaking Ticino.

How long can they hold me?

Twenty-four hours by the police and twenty-four more by the prosecutor, with the compulsory measures court deciding within four days of the arrest.

Does it matter which track the case is on?

Yes. It determines the prosecutor, the court and the pace, and federal cases usually carry an international dimension from the outset.

If this is happening now

Establishing whether the case is federal or cantonal changes who to deal with. First contact is free and covered by professional privilege, at any hour.

Reachable 24 hours

Tell me what has happened

First contact is free and covered by professional privilege, at any hour including nights and holidays.

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