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本文由律咖网社群读者 LiuTang 投稿分享。
为了方便大家阅读，律咖网编辑 JingJing（微信：lvga2015）对原文进行了细致的逻辑润色与合规性整理。希望能给正在 瑞士 创业路上的你带来真实的参考。

I never thought I’d be writing about criminal self-prosecution — not because I did anything wrong, but because I almost became the person who thought they were being targeted when they weren’t.

I’m LiuTang. 37. From Jianyang, Sichuan. Studied safety engineering in Harbin. Now I run a small vegan restaurant in Biel/Bienne with three part-time staff — two from Nepal, one from Romania. We serve jackfruit curry, mushroom ramen, and black sesame ice cream. It’s quiet. Slow. Sometimes too quiet.

Last month, I got a letter from the Kantonspolizei Bern — not about a complaint, not about a fine — but about Möglichkeit der strafrechtlichen Selbstanklage. Criminal self-prosecution. The phrase felt like a stone in my throat.

I didn’t know what it meant. I Googled it. I asked my neighbor, a Swiss retiree who sells cheese at the weekly market. He just smiled and said, “Ah. That’s when someone thinks they’ve been wronged… and decides to take it to court themselves.” He paused. “But most people who do it… end up regretting it.”

I sat there, holding the letter, while my daughter did homework at the kitchen table. I thought: I didn’t even know I was in a fight.

The Quiet War Nobody Talks About

Switzerland doesn’t have the same drama as the U.S. or China. There are no flashy trials on TV. No lawyers shouting in courtrooms. Here, justice moves like a glacier — slow, cold, and sometimes invisible until it crushes you.

Criminal self-prosecution, or Strafklage in German, is a legal right under Article 120 of the Swiss Criminal Procedure Code. It allows a private individual to initiate criminal proceedings against someone they believe has committed a crime — without needing the public prosecutor’s approval. Sounds empowering? It’s not. Not if you’re not prepared.

I learned this the hard way.

In January, a former employee — a young man from Serbia we hired for kitchen help — left suddenly. He didn’t give notice. He took a few spice jars. He sent me a WhatsApp: “You didn’t pay me enough. Now I take what’s mine.” I didn’t respond. I didn’t call the police. I just wrote off the loss as a cost of doing business.

But two weeks later, he filed a complaint with the local Anklagebehörde — not for theft, but for “psychological harassment” and “non-payment of wages.” He claimed I yelled at him. That I made him work 12-hour days. That I never gave him a contract.

I had no records. No signed contract. No timesheets. Just a few voice notes on my phone — me saying, “Please, can you clean the fryer before closing?” in broken German.

I didn’t know I was vulnerable.

The Variables Nobody Warns You About

Here’s what I didn’t understand:

  1. In Switzerland, a verbal agreement is legally binding — but only if you can prove it.
    I thought, “We’re friends. We talk. That’s enough.”
    Wrong. Swiss law doesn’t care about trust. It cares about paper.
    “Möglicherweise hängt das Ergebnis davon ab, ob Dokumente vorhanden sind,” — as one lawyer told me (in polite, slow German).

  2. The burden of proof flips on you.
    He claimed I didn’t pay him. I had to prove I did.
    I had cash payments. No bank records. No receipts.
    I had to dig through my phone’s photo album — a picture of me handing him 150 CHF in a paper bag.
    Was that enough? Maybe. Maybe not.

  3. Time is your enemy — not your ally.
    The process took 47 days just to get a preliminary hearing.
    During that time, I didn’t sleep. I checked my mailbox every morning.
    I missed two supplier deliveries because I was at the Amt für Justiz in Biel.
    My wife said: “You’re not just losing money. You’re losing yourself.”

I realized then: I wasn’t fighting a person. I was fighting a system I didn’t understand.

My Framework: Three Layers of Avoidance

I didn’t win. I didn’t lose. The case was closed after I submitted signed witness statements from my Nepali staff and a copy of my business registration. He withdrew the complaint.

But here’s what I learned — not to avoid failure, but to avoid becoming the target:

Layer 1: Paper Before Trust

  • Always have a written contract — even for part-timers.
  • Use the Standardarbeitsvertrag from the Swiss Federal Office for Labour.
  • Never accept cash without a receipt. Even a handwritten note with date, amount, signature — it helps.

Layer 2: Silence Is Not Strength

  • If someone threatens you, write it down.
  • Save messages. Record dates.
  • Don’t assume “it’s just a misunderstanding.” In Switzerland, misunderstandings become legal cases.

Layer 3: Know Where to Go — And Who Not to Trust

  • Never use unlicensed agents for legal help.
  • If someone says, “I can make your case disappear,” walk away.
  • Use only official channels:

I once almost hired a “legal consultant” who promised to “fix the complaint in 3 days” for 2,000 CHF. He asked me to sign a fake employment contract to “show good faith.” I refused.
Later, I found his name on a Swiss consumer fraud list.

I’m not proud of how I handled it.
I’m proud I didn’t lie.

FAQ: What to Do If You’re Facing a Criminal Self-Prosecution in Biel/Bienne

Q1: What should I do if I receive a letter about criminal self-prosecution?

  • Step 1: Do not ignore it.
  • Step 2: Contact the Amt für Justiz Biel/Bienne directly — not through third parties.
  • Step 3: Request a copy of the complaint and evidence submitted.
  • Step 4: Keep all communication in writing.
  • Key points:
    • You have 10 days to respond.
    • You are not required to hire a lawyer — but it helps.
    • The court may assign you a free interpreter if you request one.

Q2: Can I be deported for a criminal self-prosecution case?

  • No. Criminal self-prosecution is a civil legal process — not immigration-related.
  • But if fraud or document forgery is involved (e.g., fake pay stubs), it could trigger immigration review.
  • Always use accredited visa centers (VFS, TLScontact, embassy portal).
  • Never fabricate documents. Even if you think “everyone does it.”
  • The consequences — travel bans, residency revocation — are lifelong.

Q3: How do I find a trustworthy lawyer in Biel/Bienne?

  • Path:
    1. Visit https://www.swissbar.ch → “Find a Lawyer” → Filter by “Strafrecht” and “Biel/Bienne”.
    2. Call 3 lawyers. Ask: “Do you handle private criminal complaints?”
    3. Ask for a fixed-fee quote — not hourly.
  • Points to check:
    • Are they registered with the Bar Association?
    • Do they speak Mandarin or English?
    • Do they explain things in plain language?
    • If they pressure you to pay upfront — walk out.

Reflection: The Cost of Silence

I used to think being quiet meant being peaceful.
In Switzerland, being quiet means being invisible.
And in a legal system that runs on paper, invisibility is a liability.

I miss the chaos of Sichuan markets — where a handshake meant everything.
Here, a handshake means nothing unless it’s witnessed, dated, and signed.

My wife says I’ve become too cautious.
Maybe. But I’d rather be cautious than bankrupt — emotionally, financially, legally.

I still run my restaurant.
We serve vegan dumplings with soy sauce and chili oil.
I still make mistakes.
But now, I write everything down.

Actionable Steps — Not Promises

If you’re in Switzerland and running a small business — especially if you’re not fluent in German, French, or Italian — here’s what I wish I’d known:

  1. Get a simple contract template — even for one employee. Use the federal model.
  2. Keep digital backups of all payments — even cash. Take a photo of the receipt.
  3. Save every message — WhatsApp, email, text. Date it.
  4. Never trust an agent who says “I can fix it.”
    If they ask you to lie — walk away.
    The short-term gain is never worth the lifetime risk.

CTA: You’re Not Alone

If you’re reading this and thinking, “This happened to me too…” — you’re not alone.

I don’t know if I’ll ever feel completely safe in this system.
But I’ve learned to ask questions.
I’ve learned to say, “Can you explain that again?”
I’ve learned to write things down — even when I’m tired.

前几天我和编辑 JingJing 聊起这件事。她说，她见过太多人因为怕麻烦，而把自己陷入更大的麻烦里。

如果你也在瑞士创业，如果你也曾经站在一个法院门口，手里攥着一张看不懂的纸，不知道该往哪走 —
你可以添加她的微信：lvga2015。

她不是律师。
她不是中介。
她只是一个人，愿意听另一个人说完整个故事。

我们建了一个小小的微信群，叫“瑞士创业慢行者”。
没有捷径。没有承诺。
只有人，和他们走过的路。

如果你愿意，来坐一坐。
我们泡茶，不谈成功。
只谈怎么不输。

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