Financial Crime World

Switzerland’s Safeguards for Conducting Investigations and Ensuring Fair Trials

In Switzerland, a robust legal framework is in place to safeguard the conduct of investigations and ensure fair trials. This includes the right to legal advice and privilege, the exclusion of unlawfully obtained evidence, and provisions for judicial review.

Suspects have the right to freely choose whether or not to be assisted by an attorney, with mandatory representation in certain cases. The criminal prosecution authorities must inform suspects of their rights, including the right to a defence counsel, and all communications between the accused and their lawyer are privileged.

Exclusion of Unlawfully Obtained Evidence

The criminal authorities are not bound by a limited means of evidence, but the collection of evidence is strictly governed by the Criminal Procedure Code (CCP) and restricted by parties’ rights derived from the Swiss Federal Constitution and the European Convention on Human Rights (ECHR). The CCP distinguishes between two types of unlawful evidence:

  • Certain methods that result in absolute unusability
  • “Relatively usable evidence” that will be left on file if there is an overwhelming public interest in exploiting the relevant evidence

Provisions for Judicial Review

As a matter of principle, 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 damage that is difficult to repair. Additionally:

  • Judicial review is mandatory for certain coercive measures
  • Final judgments may be brought before the cantonal appeals authority and then before the Swiss Federal Supreme Court

Bribery and Corruption

Switzerland has regulatory provisions and legislation in place to combat bribery and corruption. The relevant provisions on bribery and corruption offences are contained in the Swiss Criminal Code (SCC), which includes:

  • Offences related to active and passive bribery of foreign public officials, private individuals, and breaches of official secrecy
  • Switzerland is a signatory to several international anti-corruption conventions:
    • 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

Offences

The specific bribery and corruption offences in Switzerland include:

  • Active and passive bribery of foreign public officials, private individuals, and breaches of official secrecy
  • The law prohibits offering, promising, or granting undue advantages to foreign officials or third parties, as well as soliciting or accepting such advantages
  • Employees of foreign state-owned or state-controlled companies may also be considered foreign officials for the purposes of this offence

Conclusion

In conclusion, Switzerland has a robust legal framework in place to combat bribery and corruption, with measures to safeguard the conduct of investigations and ensure fair trials. The country’s international commitments and bilateral treaties further demonstrate its commitment to combating these serious crimes.