Financial Crime World

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Evidence Gathered Through Illegal Means Must Be Excluded from Court Proceedings

In Switzerland, certain methods of evidence gathering are strictly prohibited and must be excluded from court proceedings. According to Article 140 of the Swiss Criminal Procedure Code (CCP), any evidence obtained through physical violence, coercion, threats, promises, lies, or deceit is considered absolutely unusable.

Additionally, evidence obtained through illegal means that breaches other provisions of the CCP may still be left on file if there is an overwhelming public interest in exploiting the relevant evidence. This highlights the importance of upholding ethical standards in the gathering and presentation of evidence in criminal proceedings.

Criminal Defence Rights and Procedural Guarantees

The Swiss CCP has codified a range of criminal defence rights and procedural guarantees to ensure that suspects and accused individuals receive a fair and speedy trial. These include:

  • The right to be heard and participate in the gathering of evidence
  • The presumption of innocence and the principle of “in dubio pro reo” (when in doubt, for the accused)
  • A range of rights derived from the Swiss Federal Constitution and the European Convention on Human Rights (ECHR)

These guarantees are designed to protect individuals from arbitrary or unfair treatment by law enforcement agencies and ensure that their rights are respected throughout the criminal justice process.

Judicial Review and Appeal

Decisions made by the Public Prosecutor’s Office (PPO) during its investigation are subject to appeal, with certain exceptions. The Swiss Federal Supreme Court has the power to review decisions taken during proceedings, including those related to evidence gathering and coercive measures such as detention and secret surveillance.

In cases where a suspect or accused individual is convicted, they have the right to appeal against the conviction and sentence before the cantonal appeals authority and then the Swiss Federal Supreme Court, provided they can demonstrate a legitimate interest in appealing.

Bribery and Corruption Offences

Switzerland has a range of laws and regulations aimed at preventing bribery and corruption. These include:

  • The Swiss Criminal Code (SCC), which criminalizes active and passive bribery of Swiss public officials, foreign public officials, and private individuals
  • Guidelines from the Organisation for Economic Co-operation and Development (OECD) on Good Practice Guidance

Companies operating in Switzerland are also subject to regulations aimed at preventing corruption, including requirements to take all reasonable organizational measures to prevent the commission of bribery and corruption offences.

International Anti-Corruption Conventions

Switzerland is a signatory to several international anti-corruption conventions, including:

  • The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
  • The Council of Europe Civil Law Convention on Corruption
  • The UN Convention against Corruption

These conventions aim to prevent and combat corruption globally, and Switzerland has implemented measures to comply with their provisions.