Justice under pressure Courts should punish offenders mildly - due to overload

Samuel Walder

28.1.2025

Criminals are increasingly getting away without punishment. The reason is the courts. Here is a scene from the Meilen training center. (Symbolic image) (KEYSTONE/Ennio Leanza)
Criminals are increasingly getting away without punishment. The reason is the courts. Here is a scene from the Meilen training center. (Symbolic image) (KEYSTONE/Ennio Leanza)
KEYSTONE

Lengthy court proceedings and overburdened courts are increasingly bringing the Swiss justice system into disrepute. While perpetrators often get away with lenient sentences, victims are left without answers.

No time? blue News summarizes for you

  • The Swiss justice system is being criticized for overburdened courts and lengthy proceedings.
  • This leads to lenient sentences, dismissed cases and frustration among victims.
  • A prominent case shows how a doctor repeatedly faces no final consequences despite serious accusations.

The Swiss justice system is coming under increasing criticism - and not without good reason. Lengthy court proceedings and overburdened instances mean that perpetrators often get away with lenient sentences or even go unpunished. At the same time, victims and relatives are left with unanswered questions and no closure.

One of many examples is the case of a 56-year-old patient who bled to death over 20 years ago during spinal surgery, as the Tages-Anzeiger newspaper reports.

The attending physician had torn a vein without realizing it. However, instead of drawing consequences, the case was dropped 14 years later - not because of a lack of evidence, but because the court worked too slowly.

The doctor who keeps the justice system busy

The surgeon in question, originally charged with intentional homicide, was initially convicted of involuntary manslaughter. However, after years of back and forth between instances and appeals, the case was dropped in 2017. The Federal Supreme Court's reasoning: the proceedings had taken too long and further prosecution was not in the public interest.

This case could have been closed, but the doctor is once again making headlines. In 2018, he was investigated for a faulty implant that degraded in the patient's body. Four years later, the public prosecutor's office brought charges - but the case is still awaiting a trial date. The first accusations are already in danger of becoming time-barred and the victims are wondering whether these proceedings will end in nothing again.

One victim expresses her frustration: "When the charges came, I had hoped that something would finally happen. Now I wonder if we will ever see justice."

Overburdened courts and an overstretched justice system

Incidents like these are not isolated cases. Mountains of files have been piling up in Swiss courts for years. In 2018, just under 13,700 criminal cases were pending, in 2023 already more than 17,000 - an increase of 25 percent. "Many courts have reached the limits of their capacity," warn official reports. Criminal chambers in particular are reaching the limits of their capacity, and their dockets are often fully booked for months.

This overload leads courts to resort to emergency solutions: Part-time judges step in, staff are shifted back and forth between departments and quality suffers. In St. Gallen, for example, "qualitative losses have been accepted", according to one report.

The procedures themselves are also becoming increasingly complex. Files that fill 70 boxes or judgments of several hundred pages are no longer a rarity.

Victims feel abandoned

Long proceedings are not only a burden for the courts, but above all for the victims. Victims and relatives often feel abandoned. Michael Müller, whose daughter was killed in a traffic accident in 2017, describes the years of waiting as grueling: "We had no certainty for eight years."

The perpetrator, who was driving under the influence of drugs and at excessive speed, was finally convicted of involuntary manslaughter. However, the court reduced the sentence by six months - due to the length of the proceedings. "I've lost faith in the justice system," says Müller resignedly.

Lawyers and legal experts sharply criticize the effects of the delays. "Punishments lose their purpose if they are only handed down ten years after the crime," says criminal defense lawyer Konrad Jeker. It is often even worse for victims. "Every new trial reopens old wounds," explains lawyer Karen Schobloch.

A legal system under pressure

There are many reasons for the overload: population growth, more laws with penal provisions and an increasing number of complaints. In addition, the police and public prosecutor's offices have been upgraded, while the courts often have to make do with the same number of staff.

Zurich law professor Matthias Mahlmann sees a "crisis in the rule of law". Trust in the rule of law is a valuable asset that is being jeopardized by the lengthy proceedings. "If we don't solve the problems, we risk a cynical attitude towards the justice system."

What needs to change?

Fundamental reforms are needed to relieve the system. More staff for the courts, more efficient processes and clear priorities could help to reduce pending cases.

At the same time, lawyers like Schobloch are calling for more transparency: "Courts should honestly tell those affected when a conclusion can be expected. The constant uncertainty is wearing people down."

The editor wrote this article with the help of AI.