Every person is presumed innocent until they have been found guilty by a legally enforceable judgment (see Art. 32 Cst). Defendants are therefore alleged perpetrators – for example, there is suspicion of fraud, but no fraud has been proven. Alternative wordings to ‘alleged perpetrator’ include suspect, arrestee or – depending on the stage of the proceedings – the accused. In the case of accused persons, it is important to note that the person concerned is presumed innocent until found guilty by a court of law.

In the case of convicted persons who appeal to a higher court, the information ‘convicted in the first (or second) instance’ is important. If the accused denies the charge, this must be mentioned.

We attach great importance to the correct use of terminology in accordance with the principles of criminal procedure. The following terms apply in criminal proceedings:

• During the criminal investigation and court proceedings, the suspect is referred to as ‘the accused’ – and not, for example, ‘the murderer’ or ‘the fraudster’.
• If someone has been ‘detained’, he or she has not yet been ‘arrested’. Arrest can only be said to have taken place once an arrest warrant has been issued.
• If a person has been reported to the police, they are ‘reported’. They are only ‘charged’ after criminal charges have been brought by the competent authority.

Even after a final sentencing, the correct terms must be used. An accused person is then either ‘acquitted’ or ‘convicted’.

Prison or penitential sentences only exist in a historical context. Today, courts sentence offenders to either a ‘custodial sentence’, a ‘fine’, a ‘penalty’ or ‘community service’.