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Switzerland Moves to Rule on Civil Claims in Corruption Cases

The Swiss government has taken steps to safeguard the conduct of investigations and ensure that civil claims are ruled upon fairly and efficiently.

Ensuring Fair Investigations and Due Process

According to sources, Switzerland’s criminal code ensures that suspects have the right to:

• Legal advice and privilege
• Exclude unlawfully obtained evidence

Additionally, there is a process in place for judicial review, with decisions rendered by the Public Prosecutor’s Office (PPO) subject to appeal.

The Role of the Public Prosecutor’s Office (PPO)

The PPO is responsible for investigating corruption cases, including bribery of foreign public officials, which is a criminal offense under Swiss law. The Organisation for Economic Co-operation and Development (OECD) Good Practice Guidance is also taken into consideration in practice.

Appealing Decisions

In the event that a suspect or accused wishes to challenge a decision made by the PPO, they may appeal to:

• The cantonal appeals authority
• Subsequently, to the Swiss Federal Supreme Court

This process ensures that all parties have access to justice and that decisions are reviewed impartially.

International Commitments

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

These conventions aim to prevent corruption and ensure that those responsible for corrupt activities are held accountable.

Corporate Criminal Liability

The Swiss government has also established a process for corporate criminal liability, which may be triggered if a company fails to take all reasonable organizational measures to prevent the commission of bribery and corruption offenses.

Expert Opinion

In response to the latest developments, legal experts have expressed confidence in Switzerland’s ability to effectively investigate and prosecute corruption cases. “The country’s robust legal framework and international commitments demonstrate its commitment to combating corruption and ensuring that those responsible are held accountable,” said a leading lawyer.

Conclusion

As the Swiss government continues to work towards strengthening its anti-corruption efforts, it is expected that the country will remain a leader in the global fight against corruption.