Swiss Justice System Cracks Down on Illegally Obtained Evidence

The Swiss authorities have introduced new measures to ensure that evidence gathered during investigations is obtained legally and ethically, marking a significant overhaul of the country’s legal system.

Automatic Exclusion of Illegally Obtained Evidence

Under the revised Criminal Procedure Code (CCP), any evidence obtained through illegal means, such as physical violence or coercion, will be automatically excluded from use in court. This is a major shift away from the previous practice of allowing illegally obtained evidence to be used in certain circumstances.

Protection of Suspects’ Rights

The new measures are designed to protect the rights of suspects and accused individuals, including:

• The right to a fair and speedy trial
• The right to be heard
• The presumption of innocence

These protections are also enshrined in the Swiss Federal Constitution and the European Convention on Human Rights (ECHR).

Additional Criminal Defense Rights and Procedural Guarantees

The CCP has codified several other criminal defense rights and procedural guarantees, including:

• The right to appeal against decisions made by investigators
• Mandatory judicial review of certain coercive measures, such as detention and secret surveillance

Bribery and Corruption: Switzerland’s Regulatory Framework

============================================================

Switzerland has a robust regulatory framework in place to combat bribery and corruption. Key provisions include:

• Prohibition on various forms of bribery and corruption, including active and passive bribery of public officials, both domestic and foreign
• Criminalization of the granting or acceptance of undue advantages by or to public officials
• Adherence to guidelines such as the OECD Good Practice Guidance on Combating Bribery

International Cooperation

=============================

Switzerland is committed to international cooperation in combating bribery and corruption. The country has:

• Bilateral treaties with other countries that facilitate the seizure, confiscation, and repatriation of proceeds of crimes, including those stemming from corruption
• Ratified several international anti-corruption conventions, including:
  • OECD Convention on Combating Bribery of Foreign Public Officials
  • Council of Europe Civil Law Convention on Corruption
  • UN Convention against Corruption

Conclusion

The revised CCP and Switzerland’s regulatory framework demonstrate a commitment to upholding ethical standards in law enforcement and ensuring that evidence is obtained legally and fairly.