Financial Crime World

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Civil Claims Against Swiss Financial Institutions for Corruption and Bribery

In recent years, several Swiss financial institutions have been accused of corruption and bribery. As the investigation into these allegations continues, concerns are growing about the safeguards in place to protect against such wrongdoing.

Safeguards in Place

According to Article 130 of the Criminal Procedure Code (CCP), suspects in Switzerland have the right to legal advice and privilege. This means that they can choose whether or not to be assisted by an attorney, and that all communications between them and their defense counsel are privileged.

Additionally, the CCP distinguishes between two types of unlawful evidence:

  • Certain methods of evidence gathering that result in the evidence being absolutely unusable, such as the use of physical violence and coercion.
  • “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 Exclude Unlawfully Obtained Evidence

The criminal authorities are not bound by a limited means of evidence, but must strictly govern the manner in which evidence is collected. The CCP also provides for the exclusion of unlawfully obtained evidence from the file of the proceedings.

Judicial Review and Appeals

Decisions rendered by the Prosecutor’s Office (PPO) 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 damage that is difficult to repair. Final judgments may be brought before the cantonal appeals authority and then before the Swiss Federal Supreme Court.

Bribery and Corruption Offences

The relevant provisions on bribery and corruption offences are contained in the Swiss Criminal Code (SCC). These provisions include:

  • Active and passive bribery of foreign public officials
  • Active and passive bribery of private individuals
  • Abuse of and misconduct in public office

Switzerland is also a signatory to 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

Specific Briery and Corruption Offences

The specific bribery and corruption offences in Switzerland include:

  • Active and passive bribery of foreign public officials
  • Active and passive bribery of private individuals
  • Abuse of and misconduct in public office
  • Criminal liability of a company that fails to take all reasonable organisational measures to prevent the commission of bribery and corruption offences

As the investigation into these allegations continues, it remains to be seen whether these safeguards will prove sufficient to protect against corruption and bribery within Switzerland’s financial institutions. One thing is certain: the world is watching with bated breath as this crisis unfolds.