Switzerland’s Struggle Against Bribery and Corruption: A Look at Its Regulatory Framework

In its ongoing efforts to combat bribery and corruption, Switzerland has developed a robust regulatory framework that ensures fair trials and protects the rights of all parties involved. This framework is based on several key principles and provisions.

Evidence Obtained Illegally

According to Article 140 of the Swiss Criminal Procedure Code (CCP), any evidence obtained through illegal means, such as physical violence or coercion, is deemed unusable and must be excluded from the case file. Additionally, the CCP provides for the exclusion of “relatively usable evidence” that was obtained illegally, but allows it to remain on file if there is an overwhelming public interest in exploiting the relevant evidence.

Criminal Defense Rights and Procedural Guarantees

Switzerland has codified a number of criminal defense 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

These rights are derived from both the Swiss Federal Constitution and the European Convention on Human Rights (ECHR).

Public Prosecutor’s Office (PPO)

The PPO is responsible for investigating crimes, including bribery and corruption. The PPO’s decisions can be appealed, with some exceptions, such as refusals of requests for evidence gathering in urgent cases.

Judicial Review

Judicial review is mandatory for certain coercive measures, such as detention and secret surveillance. Final judgments can also be brought before the cantonal appeals authority and then the Swiss Federal Supreme Court, provided that a legitimate interest in appealing exists.

Regulatory Provisions to Combat Bribery and Corruption

Switzerland has put in place regulatory provisions to combat bribery and corruption, including:

• Laws prohibiting active and passive bribery of:
  • Swiss public officials
  • Foreign public officials
  • Private individuals
• Guidelines issued by organizations such as the Organisation for Economic Co-operation and Development (OECD), which provide guidance on best practices to prevent bribery and corruption

International Anti-Corruption Conventions

Switzerland is 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
• Council of Europe Convention on Laundering, Search, Seizure and Confiscation of Proceeds of Crime

Strengthening Anti-Corruption Efforts

In recent years, Switzerland has taken steps to strengthen its anti-corruption efforts, including:

• The establishment of a specialized unit within the PPO to investigate corruption cases
• Increased cooperation with other countries to combat bribery and corruption

Conclusion

Overall, Switzerland’s regulatory framework provides a robust set of laws and regulations to combat bribery and corruption, while also protecting the rights of all parties involved in the criminal justice system.