SWITZERLAND Law and Practice Contributed by: Roman Huber, Cristina Ess and Lea Ruckstuhl, Kellerhals Carrard
sion and controls of the precious metals sectors were heightened. On 22 May 2024, the Federal Council has adopted a dispatch on the further development of the fight against money launder - ing. A federal register of beneficial owners and new due diligence and reporting obligations for high-risk activities are intended to strengthen the integrity and competitiveness of Switzerland as a financial and business centre. From a general policy point of view, a motion (Interpellation on the renewal of the Federal Council’s Anti-Corruption Strategy, No 24.3948) was submitted in the Swiss Parliament on 23 September 2024. This motion requests the Fed - eral Council to provide with a statement on how corruption can be prevented with a systematic and strategic approach at the administrative and governmental level. Whether the anticipated anti-corruption strategy 2025 by the Federal Council will lead to changes in the national legislation remains to be seen. 2. Bribery and Corruption Elements 2.1 Bribery In Swiss criminal law, no distinction is made between bribery and corruption. As outlined in 1.2 National Legislation , the relevant provisions in the SCC are divided into the following four sections:
the granting to and acceptance by Swiss public officials of an undue advantage. In accordance with the classification of the SCC, the discussion here will distinguish between
these four categories. Preliminary Remarks
In abstract terms, according to Swiss crimi - nal law (Articles 322ter, 322quater, 322septies, 322octies and 322novies of the SCC), the objec - tive elements of active and passive bribery con -
sist of the following: • a bribing person;
• a bribed person ‒ either a Swiss public official, a foreign public official or a private individual; • a bribe ‒ an undue advantage; • a prohibited act ‒ either active bribery (ie, offering, promising or giving an undue advantage) or passive bribery (ie, demand - ing, securing the promise of, or accepting an undue advantage); and • a purpose ‒ the bribing person offers, prom - ises or gives to the bribed person a bribe to cause the latter to carry out (or to fail to carry out) an act in connection with their official activity that is contrary to their duty or dependent on their discretion (ie, the principle of equivalence). Subjectively, all types of bribery require that the offender act with intent – ie, the offender must carry out the act in the knowledge of what they are doing and in accordance with their will. Con - ditional intent (dolus eventualis) is sufficient. Therefore, if the offender regards the realisation of the act – in this case, bribery – as being pos - sible and accepts this, they act with conditional intent.
• bribery of Swiss public officials; • bribery of foreign public officials; • bribery of private individuals; and • general provisions.
The provisions governing the bribery of Swiss public officials do not only include the active and passive bribery of Swiss public officials but also
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