SNSF research project: Facts and figures of summary penalty orders in Switzerland.

Prof. Thommen from the University of Zurich and Prof. André Kuhn from the University of Neuenburg are conducting an empirical research project on summary penalty orders in Switzerland.

The summary penalty order proceeding is a simplified written proceeding that is generally used to deal with less severe cases. There is no public proceeding before an ordinary court. Instead the penalty order is issued by the prosecutor. However, the defendant can demand judicial assessment of his case by objecting to the penalty order.

This proceeding is extremely relevant in Switzerland and also not limited to cases of minor importance anymore as prison sentences up to six months can be ordered by summary penalty orders. During the previous years, there was doubt wheter this proceeding is compatible with the fundamental principles oft he rule of la was there is no independent court involved (Art. 6 ECHR).

As there is almost no empirical data on the highly controversial summary penalty proceeding in Switzerland, the project hopes to shed some light on the debate.