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Europe: EAW, extradition, Red Notice

Arrested in Zurich: 48 hours, then the detention judge

by Massimo Romano3 min readupdated 2026-08-05
European institutional architecture
Direct answer

Switzerland runs on two 24-hour periods. The police may hold you for 24 hours, then hand you to the prosecutor, who has 24 hours more to release you or apply to the compulsory measures court. That court must rule within four days of the arrest. Bail exists — and is rarely granted to someone not resident in Switzerland.

The Swiss clock

StepRuleSource
Police custodyUp to 24 hoursHandover to the prosecutor
ProsecutorA further 24 hours to apply for detention or release youArt. 224 Code of Criminal Procedure
Total before the application48 hours from the arrestFixed but fluid between the two stages
Compulsory measures courtRules within 48 hours of the application, and within four days of the arrestArt. 226 CPC
Pre-trial detentionUp to three months, extendable on applicationArt. 227 CPC
GroundsFlight risk, collusion, or repetitionArt. 221 CPC
ReleaseCan be applied for at any timeNo 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.

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.

Reachable 24 hours

Tell me what has happened

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

Bar of Naples, admission no. 14553 · Rome · Milan · Naples

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