Switzerland’s Safeguards for Fair Investigations and Due Process

As Switzerland continues to navigate its complex web of financial crimes, it is essential to examine the safeguards in place to ensure fair investigations and due process.

Safeguards for Investigation Conduct

In Switzerland, the criminal prosecution authorities must inform suspects of their rights, including the right to a defense counsel and the first hearing. All communications between the accused and their defense counsel are privileged, and the authorities are prohibited from reading such correspondence. Furthermore, the CCP distinguishes between two types of unlawful evidence:

• Certain methods that result in unusable evidence, which must be excluded from the file.
• So-called “relatively usable evidence,” which can be left on file if there is an overwhelming public interest in exploiting the relevant evidence.

Right to Legal Advice and Privilege

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

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

The criminal prosecution authorities must inform the suspect of their rights, including the right to a defense counsel.

Provision of Written Rights

The CCP has codified several criminal defense rights and procedural guarantees, such as:

• The right to a fair and speedy trial
• The right to be heard and to participate in the gathering of evidence
• The presumption of innocence

Additionally, all procedural defense rights derived from the European Convention on Human Rights are fully applicable and may be invoked by any suspect or accused in Switzerland.

Judicial Review

The decisions rendered by the PPO during its investigation are subject to appeal, with certain exceptions. The Public Prosecutor’s Office (PPO) has the power to decide whether an investigation should continue or not. However, this decision can be challenged before a criminal court. Furthermore, corruption offenses can be prosecuted and judged in parallel with other criminal offenses.

International Anti-Corruption Conventions

Switzerland is a signatory to several international anti-corruption conventions, including:

• The OECD Bribery Convention
• The Civil Law Convention on Corruption
• The UN Convention against Corruption

These conventions aim to prevent and combat corruption, bribery, and money laundering.

Conclusion

In conclusion, Switzerland has implemented various safeguards to ensure fair investigations and due process in its criminal justice system. From the right to legal advice and privilege to the provision of written rights, these measures aim to protect the rights of suspects and accused individuals. Furthermore, Switzerland’s commitment to international anti-corruption conventions underscores its dedication to combating corruption and promoting transparency and accountability.

Related Questions

For more information on corporate criminal liability, see Question 35. For additional guidance on bribery and corruption offenses in Switzerland, please refer to our previous articles.