SWITZERLAND Trends and Developments Contributed by: Marc Hassberger and Jeffrey Connor, Chabrier Avocats LLC
Conclusion Switzerland has become a test case for corporate criminal liability, with a recent emphasis on the com - modity-trading sector. Article 102 of the SCC, once regarded as dormant, has been activated through a series of landmark cases, and the Federal Criminal Court has begun to articulate what “adequate organi - sation” means in law and in practice. The trajectory from Gunvor 2019 to Glencore 2024 to Trafigura 2025 demonstrates that prosecutors will pursue organisa - tional failings in third-party management, documenta - tion and governance, even absent proof of individual intent. For companies, the implications are unequivocal. Arti - cle 102 of the SCC is now a live source of liability. The best viable defence is a compliance system that prevents foreseeable misconduct, records decision- making contemporaneously, and secures active board oversight. In 2026, “adequate organisation” is not an abstract slogan but a demonstrable operational standard. Switzerland stands at the forefront of global corporate-enforcement practice, and its commodity- trading industry is the proving ground on which this new accountability regime is being defined.
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