Financial Crime World

Here is the rewritten article in Markdown format:

Bribery and Corruption: A Guide to Switzerland’s Regulatory Framework

Zurich - In recent years, numerous high-profile corruption scandals have highlighted the importance of having a strong regulatory framework to combat bribery and corruption. Switzerland has strengthened its laws to tackle these issues, and this guide provides an overview of the country’s key legislation and international conventions.

Exclusion of Evidence

In criminal proceedings, certain methods of evidence gathering can result in evidence being deemed unusable. For example:

  • Physical violence, coercion, threats, promises, lies, and deceit are prohibited.
  • Any resulting evidence must be excluded from the case file (Article 140, Criminal Procedure Code).
  • “Relatively usable” evidence obtained through illegal means may be left on file if there is an overwhelming public interest in exploiting the relevant evidence.

Criminal Defence Rights

Switzerland’s Criminal Procedure Code has codified a number of criminal defence rights and procedural guarantees, including:

  • The right to a fair and speedy trial (Articles 3 and 5, CCP)
  • The right to be heard and participate in the gathering of evidence (Article 147, CCP)
  • Presumption of innocence and the principle of “in dubio pro reo” (when in doubt, for the accused) (Article 10, CCP)

These rights are derived from both the Swiss Federal Constitution and the European Convention on Human Rights.

Judicial Review

Decisions rendered by the Public Prosecutor’s Office during its investigation are subject to appeal, with several exceptions. The right to appeal against incidental decisions under the Swiss Federal Supreme Court depends on the existence of a difficult-to-repair damage.

In certain cases, judicial review is mandatory, particularly in matters of detention and secret surveillance.

Bribery and Corruption Offences

Switzerland’s Criminal Code (SCC) contains provisions on bribery and corruption offences, including:

  • 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 322octes and 322novies, SCC)

Companies typically consider guidelines from the Organisation for Economic Co-operation and Development (OECD) Good Practice Guidance.

International Anti-Corruption Conventions

Switzerland is a signatory to three international anti-corruption conventions:

  • OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 1997
  • Council of Europe Civil Law Convention on Corruption 1999
  • UN Convention against Corruption 2003

Additionally, Switzerland has ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of Proceeds of Crime.

Offences

The specific bribery and corruption offences in Switzerland include:

  • Active and passive bribery of foreign officials (Article 322septies, SCC)
  • Granting or accepting an undue advantage to/by Swiss public officials (Articles 322quinquies and 322sexies, SCC)

These crimes can be prosecuted and judged in parallel with offences relating to the abuse of and misconduct in public office and breach of official secrecy.

Conclusion

In conclusion, Switzerland has a robust regulatory framework to combat bribery and corruption, which includes both domestic laws and international conventions.