SWITZERLAND Law and Practice Contributed by: Bruno Ledrappier and Camille Vuillemin-Loup, Charles Russell Speechlys Switzerland
limitation period under criminal law, the longer criminal limitation period applies to the civil claim as well. 1.5 Extraterritorial Reach and Cross-Border Co-Operation Swiss criminal law applies primarily to offences com - mitted on Swiss territory (Article 3 SCC). A felony or misdemeanour is considered to be committed at the place where the person concerned commits it and at the place where the offence has taken effect (Article 8 SCC). When the offence is committed on foreign soil, Swiss criminal law may exceptionally apply when the offence is done against the Swiss state or its national secu - rity (Article 4 SCC) or when Switzerland is obliged to prosecute in terms of an international convention provided the act is also liable to prosecution at the place of commission or no criminal law jurisdiction applies at the place of the commission, and the per - son remains in Switzerland and is not extradited to the foreign country (Article 6 SCC). Some specific cases of impossible extradition are detailed under Article 7 SCC. For bribery of foreign public officials (Article 322ter and seq. SCC) or private individuals (Article 322octies and seq. SCC), Switzerland exercises jurisdiction regardless of where the offence occurred. For natural people, the rules above stated apply. For legal per - sons, additional conditions of Article 102 SCC may provide a subsidiary liability (i) if the offence was done in Switzerland and the company within which it was perpetrated is located in Switzerland, (ii) if the com - pany is located in Switzerland but the offence was done abroad through a branch of the Swiss company, or (iii) if the company has a foreign seat but the offence was committed in Switzerland through a branch or a daughter company. Switzerland has signed numerous international trea - ties. International co-operation in criminal matters is principally governed by the Federal Act on Interna - tional Mutual Assistance in Criminal Matters, IMAC. It provides co-operation measures including the service of documents, taking of evidence, search and seizure, and the freezing and handing over of assets. Swit -
zerland also co-operates through INTERPOL and the Egmont Group of financial intelligence units. 1.6 Extradition and Prohibited Destinations Extradition is governed by IMAC and applicable trea - ties, including the European Convention on Extradi - tion. The Federal Office of Justice (FOJ) is the cen - tral authority, and decisions are subject to judicial review by the Federal Criminal Court and the Federal Supreme Court. Switzerland does not extradite its own citizens. Where extradition is refused, Switzer - land may prosecute the person domestically. Key bars to extradition include the political offence exception, risk of persecution, risk of violation of fundamental rights (including the death penalty prohibition) and double criminality. Switzerland does not maintain a list of prohibited destination countries, but extradi - tion will be refused where the requesting state cannot guarantee fair treatment and proceedings 2. Enforcement Architecture 2.1 Investigative and Enforcement Authorities Financial crime investigation and prosecution operate at both cantonal and federal levels. Cantonal prosecu - tion authorities have primary jurisdiction over most offences. The Office of the Attorney General (OAG) handles federal matters, including organised crime, terrorism financing, complex money laundering and corruption of federal officials. The Swiss Financial Mar - ket Supervisory Authority (FINMA) exercises adminis - trative enforcement in the financial sector, conduct - ing enforcement proceedings. The Money Laundering Reporting Office Switzerland (MROS) serves as the national financial intelligence unit, receiving and ana - lysing suspicious activity reports. FINMA has a statu - tory duty to report suspected offences to the prosecu - tion authorities, though proceedings remain formally separate. 2.2 Initiation of Investigations Investigations are typically initiated through Suspi - cious Activity Reports filed by financial intermediaries with MROS, criminal complaints by victims, regulatory referrals from FINMA and reports by other authorities. Prosecution authorities also act ex officio since they must open proceedings whenever there are sufficient
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