suspicious

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A suspect in the broader legal sense is a person who is suspected of a criminal offense , although this legal term is not used by the legislature in Germany.

Suspect in the strict sense

Switzerland

In Swiss military criminal proceedings, a suspect is to be treated as a person against whom preliminary evidence (or internal disciplinary proceedings) is being conducted. In contrast, the accused is in the context of a preliminary investigation or the - already formally - accused.

Until the unified code of criminal procedure came into force, the cantons were able to independently define the term suspect.

Position of the suspect

The suspect's position should generally correspond to that of the accused so that his later position is not impaired. The suspect must be presented with the same instructions as the accused (such as Miranda Warning in the USA ).

The applicable procedural law can, however, provide for different treatment of suspects and accused: For example, remand detention under Swiss military criminal law can only be ordered for accused, but not for suspects (cf. Art. 56 MStP).

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