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Anti-Bribery and Corruption Laws in Switzerland
1. What are the main anti-bribery and corruption laws in your jurisdiction?
In Switzerland, the relevant provisions on bribery and corruption offences are contained in the Swiss Criminal Code (SCC). These include active and passive bribery of Swiss public officials, granting or accepting an undue advantage to/by Swiss public officials, active and passive bribery of foreign public officials, and active and passive bribery of private individuals.
2. What are the specific laws prohibiting bribery of public officials?
- Active Bribery: Article 322ter of the SCC prohibits active bribery of Swiss public officials.
- Passive Bribery: Article 322quater prohibits passive bribery of Swiss public officials.
- Granting or Accepting an Undue Advantage: Article 322quinquies deals with granting or accepting an undue advantage to/by Swiss public officials.
3. Are there any laws prohibiting bribery of foreign public officials?
Yes, Article 322septies of the SCC prohibits active and passive bribery of foreign officials. This includes offering, promising, or granting a foreign official or third party an undue advantage (active bribery), as well as soliciting or accepting an undue advantage (passive bribery).
4. What are the definitions of “foreign officials”?
According to Swiss law, foreign officials include members of a foreign judicial or other authority who pursue an official activity, such as public officials, officially-appointed experts, translators, interpreters, arbitrators, and members of the armed forces.
5. Are there any international anti-corruption conventions applicable in your jurisdiction?
Yes, Switzerland is a signatory to several international anti-corruption conventions, including:
- The OECD Bribery Convention
- The Council of Europe Civil Law Convention on Corruption
- The UN Convention against Corruption
6. What are the specific bribery and corruption offences in your jurisdiction?
The specific bribery and corruption offences in Switzerland include:
- Active and passive bribery of Swiss public officials (Articles 322ter and 322quater, SCC)
- Granting or accepting an undue advantage to/by Swiss public officials (Articles 322quinquies and 322sexies, SCC)
- Active and passive bribery of foreign public officials (Article 322septies, SCC)
- Active and passive bribery of private individuals (Articles 322octies and 322novies, SCC)
7. Can companies be held criminally liable for bribery and corruption?
Yes, in Switzerland, companies can be held criminally liable for bribery and corruption if they fail to take all reasonable organisational measures to prevent the commission of these offences.
8. What is the process for investigating and prosecuting bribery and corruption cases?
In Switzerland, investigations into bribery and corruption cases are typically conducted by the Office of the Attorney General (OAG) or the Federal Prosecutor’s Office (FPO). If a case is brought to trial, it will be heard before a court.
9. Are there any specific procedural rules for handling evidence in bribery and corruption cases?
Yes, the Swiss Code of Criminal Procedure (CCP) sets out specific rules for handling evidence in bribery and corruption cases. For example, the CCP prohibits the use of physical violence and coercion to obtain evidence. The CCP also provides for certain rights, such as the right to a fair and speedy trial, the right to be heard, and the presumption of innocence.
10. Are there any specific anti-money laundering laws applicable in your jurisdiction?
Yes, Switzerland has implemented various anti-money laundering (AML) regulations, including:
- The Anti-Money Laundering Act (AMLA)
- The Financial Market Infrastructure Act (FMIA)
These laws require financial institutions to implement AML measures to prevent money laundering activities.