Financial Crime World

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Safeguards in Place to Protect Suspects’ Rights

In Switzerland, various measures are put in place to safeguard the conduct of investigations and ensure that suspects’ rights are protected. These measures include:

  • The right to legal advice and privilege
  • Exclusion of unlawful evidence
  • Provision of written rights
  • A process for judicial review

Suspects have the right to freely choose whether or not to be assisted by an attorney. In some cases, a defence counsel is mandatory, such as when:

  • The detention period exceeds ten days
  • The accused risks a custodial sentence exceeding one year and/or expulsion from Switzerland
  • The criminal prosecution authorities must inform the suspect of their rights, including the right to a defence counsel.

All communications between the accused and their defence counsel are privileged, meaning that the criminal authorities are prohibited from reading such correspondence and must exclude it from the file if seized during a search or otherwise provided by a third party.

Exclusion of Unlawful Evidence

The criminal authorities are not bound by a limited means of evidence. However, the manner in which evidence is collected is strictly governed by the Criminal Procedure Code (CCP) and restricted by parties’ rights as derived from the Swiss Federal Constitution and the European Convention on Human Rights (ECHR).

There are two types of unlawful evidence:

  • Certain methods that result in the evidence being absolutely unusable, such as the use of physical violence or coercion
  • So-called “relatively usable evidence” obtained through illegal means, which will be left on file if there is an overwhelming public interest in exploiting the relevant evidence

Provision of Written Rights

The CCP has codified a number of criminal defence rights and procedural guarantees, including:

  • The right to a fair and speedy trial
  • 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, one must decide in favour of the accused)

Process for Judicial Review

There is a process for judicial review in Switzerland, which allows suspects to challenge any alleged violations of their rights during the investigation or trial.

International Anti-Corruption Conventions

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

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

Bribery and Corruption Offences

In Switzerland, bribery and corruption are criminalised under the Criminal Code (CC). The specific offences include:

  • Active and passive bribery of foreign public officials
  • Corruption and embezzlement by private individuals

The Swiss authorities have a number of tools at their disposal to combat bribery and corruption, including:

  • The ability to seize and confiscate the proceeds of crime
  • International cooperation with other countries to prosecute and punish those responsible for such offences

Conclusion

In conclusion, Switzerland has a comprehensive legal framework in place to protect suspects’ rights during investigations and trials. The country is also a signatory to several international anti-corruption conventions, demonstrating its commitment to combating bribery and corruption at home and abroad.

For more information on corporate criminal liability in Switzerland, please see our previous article.