Financial Crime World

Swiss Safeguards Ensure Fair and Just Investigations

Zurich, Switzerland - The Swiss criminal justice system is designed to protect the rights of all individuals involved in an investigation, from suspects to witnesses and victims. A range of safeguards are in place to ensure that investigations are conducted fairly and justly.

One of the key safeguards is the right to legal advice and privilege. Suspects have the freedom to choose their own attorney or attorneys, as long as it does not unduly delay the proceedings. In certain cases, such as when detention periods exceed 10 days or when a custodial sentence exceeds one year, a defense counsel is mandatory.

Privileged Communications

Communications between accused individuals and their legal representatives are privileged, meaning that criminal authorities are prohibited from reading such correspondence and must exclude it from the case file if it has been seized during a search or otherwise provided by a third party.

Excluding Unlawful Evidence

In addition, suspects have the right to exclude unlawful evidence from being used in court. The Criminal Procedure Code (CCP) distinguishes between two types of unlawful evidence:

  • Certain methods that result in evidence being absolutely unusable
  • “Relatively usable evidence” obtained through illegal means that may be left on file if there is an overwhelming public interest in exploiting the relevant evidence

Procedural Defense Rights

Suspects also have a range of procedural defense rights codified in the CCP, 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

Public Prosecutor’s Office Decisions

The decisions rendered by the Public Prosecutor’s Office (PPO) during an investigation are subject to appeal, with several exceptions. Judicial review is mandatory for certain coercive measures, such as detention and secret surveillance. Final judgments may be brought before the cantonal appeals authority and then before the Swiss Federal Supreme Court.

Combating Bribery and Corruption

Switzerland has a range of regulatory provisions and legislation in place to combat bribery and corruption. The Criminal Code prohibits:

  • Active and passive bribery of foreign public officials
  • Abuse of and misconduct in public office
  • Breach of official secrecy
  • Corporations may also be held criminally liable for failing to take all reasonable organizational measures to prevent the commission of bribery and corruption offenses

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

Conclusion

In conclusion, Switzerland’s criminal justice system is designed to ensure that investigations are conducted fairly and justly, with a range of safeguards in place to protect the rights of all individuals involved.