The suspect and the accused

The person suspected of having committed a criminal offence is referred to as the suspect during the pre-trial investigation and as the defendant, or the accused, at the trial. A suspect is not under obligation to contribute to the investigation of the offence of which he or she is suspected. Despite the suspicion, he or she must be treated as if he or she were not guilty.

In order to solve a crime, the pre-trial investigation authorities, the prosecutor and the court may, however, subject the suspect to a variety of coercive measures such as arrest, detention on remand and a house search. Since coercive measures affect the basic rights of the person in question, the Coercive Measures Act lays down detailed provisions on such measures and their prerequisites.

Even during the pre-trial investigation, the prosecutor should also contribute to ensuring the legal protection of the suspect and other parties in the case.