Swiss Financial Crime: Safeguards and Procedures

In recent times, financial crime investigations have gained significant attention. To ensure that such proceedings are conducted fairly and effectively, it is crucial to understand the safeguards and procedures in place. This article delves into the measures taken to safeguard the investigation process, the right to legal advice and privilege, and the provision of written rights.

Safeguards

The Swiss Criminal Procedure Code (CCP) provides several safeguards to guarantee that investigations are conducted fairly and without undue delay. Some key measures include:

• Suspects have the right to be informed of their first hearing and their right to a defense counsel.
• All communications between the accused and their defense counsel are privileged, meaning they cannot be read or seized by criminal authorities.
• The CCP distinguishes between two types of unlawful evidence:
  • Certain methods of evidence gathering that result in unusable evidence, which must be excluded from the file.
  • So-called “relatively usable evidence,” obtained through illegal means, which may be left on file if there is an overwhelming public interest in exploiting the relevant evidence.

Right to Legal Advice and Privilege

Suspects have the right to freely choose whether or not to be assisted by a defense counsel. However, in certain cases, a defense counsel is mandatory, such as:

• When the detention period exceeds ten days.
• When the accused risks a custodial sentence exceeding one year and/or expulsion from Switzerland.

Criminal authorities must inform suspects of their rights, including the right to a defense counsel, in a language they understand. All communications between the accused and their defense counsel are privileged and may not be read or seized by criminal authorities.

Provision of Written Rights

The CCP has codified various criminal defense rights and procedural guarantees, such as:

• The right to a fair and speedy trial.
• The right to be heard and participate in the investigation.
• The provision of written evidence.
• Suspects have the right to appeal any decisions made during the investigation process.

Bribery and Corruption Offences

Switzerland has ratified several international anti-corruption conventions, including:

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

Additionally, the country has a number of bilateral treaties in place to facilitate mutual assistance in combating corruption. Specific bribery and corruption offences are prohibited by Article 322septies of the Swiss Criminal Code, which prohibits:

• Active and passive bribery of foreign officials.
• Offering or promising an undue advantage to a foreign official.
• Soliciting or accepting such an advantage.

Conclusion

Understanding the safeguards and procedures in place is crucial for ensuring the fair and effective conduct of financial crime investigations in Switzerland. By knowing what measures are taken to protect suspects’ rights and ensure the integrity of the investigation process, those involved can have greater confidence in the outcome of these proceedings.