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Switzerland’s Struggle Against Bribery and Corruption: A Look at the Legal Framework

Zurich - In the ongoing battle against bribery and corruption, Switzerland has taken significant steps to strengthen its legal framework and ensure that perpetrators are held accountable. According to a recent report by Practical Law Country Q&A, Switzerland has a robust system in place to combat financial crime, including bribery and corruption.

Evidence Gathering

One of the key challenges in investigating bribery and corruption cases is ensuring that evidence gathered during the proceedings is admissible in court. Article 140 of the Swiss Criminal Code (CCP) prohibits the use of physical violence and coercion, meaning that any evidence obtained through such means must be excluded from the file.

However, if evidence is obtained through illegal means but there is an overwhelming public interest in exploiting it, it may still be left on file.

Criminal Defence Rights

The CCP has codified several 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

These rights are derived from both Swiss law and international human rights law, such as the European Convention on Human Rights (ECHR).

Judicial Review

The decisions rendered by the Public 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 difficult-to-repair damage.

In addition, judicial review is mandatory for certain coercive measures, such as detention and secret surveillance.

Bribery and Corruption Offences

The Swiss Criminal Code outlines various bribery and corruption offences, including:

  • Active and passive bribery of Swiss public officials
  • Granting or accepting an undue advantage to/by Swiss public officials
  • Active and passive bribery of foreign public officials
  • Companies can also be held criminally liable for failing to take all reasonable organisational measures to prevent the commission of bribery and corruption offences

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

These conventions provide a framework for combating bribery and corruption globally.

Offences

The specific bribery and corruption offences in Switzerland include:

  • Active and passive bribery of foreign officials
  • Granting or accepting an undue advantage to/by Swiss public officials

The law defines foreign officials as members of a foreign judicial or other authority who pursues an official activity.

In conclusion, Switzerland has made significant efforts to strengthen its legal framework against bribery and corruption. By providing a robust system for evidence gathering, protecting criminal defence rights, and implementing international anti-corruption conventions, the country is well-equipped to combat financial crime and hold perpetrators accountable.