Financial Crime World

Here is the converted article in markdown format:

Switzerland’s Safeguards Against Bribery and Corruption

In an effort to combat financial crimes, Switzerland has put in place numerous safeguards to ensure that investigations are conducted fairly and efficiently. In this article, we will explore the measures in place to safeguard the conduct of investigations, as well as the right to legal advice and privilege.

Safeguards Against Investigations

Switzerland’s Criminal Procedure Code (CCP) ensures that suspects have the right to a fair and speedy trial, as well as the right to be heard and participate in the gathering of evidence. Additionally:

  • All communications between the accused and their defense counsel are privileged, meaning that criminal authorities are prohibited from reading such correspondence.
  • The CCP also guarantees the right of suspects to freely choose whether or not to be assisted by an attorney.

Suspects in Switzerland have the right to freely choose whether or not to be assisted by an attorney. However, in certain cases, a defense counsel is mandatory, such as when:

  • The detention period exceeds ten days
  • The accused risks a custodial sentence exceeding one year and/or expulsion from Switzerland

Exclusion of Unlawfully Obtained Evidence

The CCP distinguishes between two types of unlawful evidence:

  • “Absolutely unusable” evidence obtained through physical violence and coercion, which must be excluded from the file.
  • “Relatively useable” evidence obtained through illegal means, which may be left on file if there is an overwhelming public interest in exploiting the relevant evidence.

Appeal Process

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 depends on the existence of a damage that is difficult to repair. Final judgments may be brought before:

  • The cantonal appeals authority
  • Then before the Swiss Federal Supreme Court

Bribery and Corruption Offences

Switzerland has ratified various international anti-corruption conventions, including:

  • OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Bribery Convention)
  • Council of Europe Civil Law Convention on Corruption (Civil Law Convention on Corruption)
  • UN Convention against Corruption (Corruption Convention)

Specific Bribery and Corruption Offences

The Swiss Criminal Code (SCC) prohibits various bribery and corruption offences, including:

  • Active and passive bribery of foreign public officials
  • Bribery of private individuals
  • Abuse of and misconduct in public office
  • Breach of official secrecy
  • Failure to take reasonable organisational measures to prevent the commission of bribery and corruption offences

Conclusion

Switzerland has implemented numerous safeguards to ensure that investigations are conducted fairly and efficiently, while also providing protection for suspects and their legal representatives. The country’s anti-corruption efforts are guided by various international conventions and domestic laws, which aim to combat financial crimes and promote transparency and accountability in business transactions.