The cantons are responsible for handling most criminal matters, and their procedures vary somewhat from canton to canton. In general, a suspect may not be held longer than 48 hours without a warrant of arrest issued by an investigative magistrate. However, asylum seekers and foreigners without valid documents may be held for up to 96 hours without an arrest warrant. Investigations are generally prompt, even if in some cases investigative detention may exceed the length of sentence. Release on personal recognizance or bail is granted unless the magistrate believes the person is dangerous or will not appear for trial.
Any lengthy detention is subject to review by higher judicial authorities.
There is no summary exile, nor is exile used as a means of political control. Non-Swiss convicted of crimes may receive sentences that include denial of reentry for a specific period following completion of a prison sentence. The Constitution provides for an independent judiciary, and the Government respects this provision in practice. The judiciary provides citizens with a fair and efficient judicial process. The Constitution provides for public trials in which the defendant's rights are fully respected, including the right to challenge and to present witnesses or evidence.