SWITZERLAND Law and Practice Contributed by: François Micheli, Roman Huber, Cristina Ess and Lea Ruckstuhl, Kellerhals Carrard
Kellerhals Carrard Rämistrasse 5 Postfach CH-8024 Zurich Switzerland
Tel: +41 58 200 39 00 Fax: +41 58 200 39 11
Email: info@kellerhals-carrard.ch Web: www.kellerhals-carrard.ch
1. Legal Framework 1.1 International Conventions
322 quater of the SCC, to the granting to and accept - ing by Swiss public officials of an undue advantage (Articles 322 quinquies and 322 sexies of the SCC). Article 322 decies of the SCC sets out the advantages that are not undue, as well as the equality between private individuals (who fulfil official duties) and public officials. 1.3 Guidelines for the Interpretation and Enforcement of National Legislation The provisions relating to anti-bribery and anti-cor - ruption are interpreted and enforced by the Swiss courts. In addition, legal doctrine contributes to their interpretation. In 2017, the Swiss State Secretariat for Economic Affairs (SECO) published the third edition of a brochure entitled Preventing Corruption – Informa- tion for Swiss Businesses Operating Abroad , which is designed to: • help Swiss companies operating abroad cope with the pertinent regulations in Swiss criminal law; • highlight the effects of corruption on their business; and • provide advice on how to prevent and combat cor - ruption. 1.4 Recent Key Amendments to National Legislation On 1 January 2023, the Swiss legislator introduced the “Transparency in non-financial matters”, “Trans - parency in raw material businesses” and “Duty of care and transparency with regard to minerals and metals from conflict zones and child labor” chapters (Articles 964 a–964 l) into the Swiss Code of Obligation (CO).
Switzerland is signed up to the following international conventions relating to anti-bribery and anti-corrup - tion: • the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of 17 December 1997; • the Council of Europe Criminal Law Convention on Corruption of 27 January 1999, as well as its Addi - tional Protocol of 15 May 2003; and • the United Nations Convention against Corruption of 31 October 2003. 1.2 National Legislation The main national legislation in the area of anti-bribery and anti-corruption in Switzerland is the Swiss Crimi - nal Code (SCC). The provisions relating to anti-bribery and anti-corruption are governed by Articles 322ter to 322decies of the SCC, which are divided into four sections: • bribery of Swiss public officials (Articles 322 ter to 322 sexies); • bribery of foreign public officials (Article 322 sep - ties); • bribery of private individuals (Articles 322 octies and 322 novies); and • general provisions (Article 322 decies). Bribery includes active and passive bribery. Bribery of Swiss public officials goes beyond active and passive bribery, which are governed by Articles 322 ter and
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