I have an "invitation" to go to the Staatsanwaltschaft next week to answer some questions (for an hour). At first I thought it was some speeding or traffic offence, but it turns out it's because of "unfair competition."

Has anybody else been to the Staatsanwaltschaft? I can't really frame it in an Anglo-saxon context. It seems a bit like a cross between the police and the crown prosecution service (England) or district attorney (US).

Background is - I received a letter last October from a company X I had dealt with last year, saying they were unhappy and could I do something Y. I wrote back saying back, OK let's talk about Y, etc.

Nothing back from company since October until today and this pink letter from the Staatsanwaltschaft.

I've spoken to my privat-recht-schutz-versicherung (legal rights protect insurance) people and the guy there said I don't need a lawyer to be present, because it will just be a bunch of questions. He was helpful, but of course, the insurance doesn't cover cases like this (or anything else I ever need)

However, company X will be there (they cannot ask questions but have a right to attend)


Any experiences / advice gratefully received.


Help!

Read some Kafka, it might prepare you

Yes, been a couple of times in Basel, no big deal , ( or for me in my case ), just simply to hear my side/your side of the story, and they evalute the case, and if there is if you want to plead your case, say yay or nay,really quite a friendly affair, even had coffees and a good shake of the hands.

Yes, I said, I WAS GUILTY and got fined.

The fine came through the post about two months later.

Just go and take it easy, then you'll find out what it's all about, then you can take action later.

Easy to say I know, but I would'nt break any sweat about it, until you know what it's about.

In my case I knew I was guilty, and expected the worst, and really all I had to do was say 'yes' and get fined, end of story.

My crime so you know, was bringing too much cheap booze over the border for the 1st August holiday.

However, the real crime was getting caught,at my hearing with the Statsanwalt,I told him this, we all had a good laugh, then we had a coffee.

So it aint all that bad.

Good luck

At first I thought that - it would be informal & straightforward, but in this case (a) I'm not guilty of anything (imho) and (b) company X [a very big Swiss company] are sending their legal people to attend/watch.

What is wrong with (some) Swiss people that they need to bully? Why didn't they just resolve this via letter / email?


It's going to be interesting - might even make 20minutes :-)

Your obviously a threat to them and you may take business away from them.

Hope you thrash them, and take some business from them.

Goodd luck.

I finally got some use out of the privat recht schutz versicherung (legal insurance) - they answered some questions I had about the process!

Main things I learnt:

Swiss law also has the right to silence / 5th amendment.
Zurich lawyers cost 250-300 francs per hour.
You have the right to make a complaint about anyone and they have to investigate (even things that in the UK/US would be handled as a civil case)

Well if they are a large company and after you for "unfair competition" you should have an idea by now of exactly what it concerns. Maybe your advertising was against the competition laws or your AGBS (general terms and conditions of trade) were not 100% conform to current law. Or maybe you held a "sale" without adhering to the legal notices required or whatever. In any of those cases I would imagine the laws are not at all negotiable (i.e incredibly rigid as they are in Germany) and the question is only what fine should be levied and how the remedy can be enforced so that it does not happen again. Ignorance of competion laws would be of course no argument.

in any case good luck !

Cheers
cosplay