Evidence Gathering Under Scrutiny: Switzerland’s Stricter Approach to Forensic Evidence

Switzerland has introduced stricter guidelines for gathering evidence in court proceedings to ensure fair trials and uphold the integrity of its criminal justice system.

Strengthening the Criminal Procedure Code (CCP)

The CCP has been amended to exclude evidence obtained through illegal means, such as physical violence or coercion. Any evidence gathered using prohibited methods will be deemed unusable and must be excluded from the case file.

• This move aims to prevent the contamination of trials by ensuring that all evidence is collected in a legal and ethical manner.
• The CCP now makes it clear that any evidence obtained illegally will not be admissible in court, promoting fairness and integrity in the justice system.

Enhancing Criminal Defence Rights

Switzerland has also codified various criminal defence rights and procedural guarantees, including:

• The right to a fair and speedy trial
• The right to participate in the gathering of evidence
• The presumption of innocence
• These rights are derived from both domestic laws and international treaties, such as the European Convention on Human Rights (ECHR)

Judicial Review: A Crucial Safeguard

The decisions made by the Prosecutor’s Office during investigations can be appealed, with certain exceptions. In cases where coercive measures are used, such as detention or secret surveillance, judicial review is mandatory.

• Final judgments can be brought before the cantonal appeals authority and then the Swiss Federal Supreme Court, provided there is a legitimate interest in appealing.
• The right to appeal against incidental decisions is also available, although this requires a demonstration of damage that is difficult to repair.

Combating Bribery and Corruption

Switzerland has made significant efforts to combat bribery and corruption, both domestically and internationally. The country’s Criminal Code (SCC) outlines various offences related to bribery, including:

• Active and passive bribery of public officials

• The granting or acceptance of undue advantages

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

  • OECD Convention on Combating Bribery of Foreign Public Officials
  • Council of Europe Civil Law Convention on Corruption
  • UN Convention against Corruption

Conclusion

Switzerland’s efforts to ensure fair trials and uphold the integrity of its criminal justice system are commendable. The country’s stricter approach to gathering evidence, combined with its robust anti-corruption laws and international commitments, demonstrate a commitment to combating financial crime and upholding the rule of law.