SWITZERLAND Law and Practice Contributed by: Roman Huber, Cristina Ess and Lea Ruckstuhl, Kellerhals Carrard
7.6 Level of Sanctions Imposed Based on the SCC, the authorities have broad discretion when determining the appropriate sanction. Factors to be considered include the degree of fault, previous convictions, the offend - er’s personal circumstances, and the impact of the sanction on their life (Article 47 of the SCC). By way of an example, in the Port Infrastructure case ‒ which was discussed in 7.5 Recent Land- mark Investigations or Decisions and featured a bribe of more than USD20 million ‒ the accused individuals were convicted to suspended day- fines of between CHF8,500 and CHF360,000. In addition, the OAG confiscated from the accused individuals an amount equivalent to their bonus - es. As for the sanctions imposed on legal entities, reference should be made to the cases dis - cussed in 7.5 Recent Landmark Investigations or Decisions . Although the maximum fine for companies is limited to CHF5 million, a signifi - cant sanction may come in the form of an order by the court to forfeit illegal profits obtained through corrupt acts or assets intended to induce or reward the offender (Article 70 of the SCC). If the assets subject to forfeiture are no longer available, the court may uphold a claim for compensation by the state in respect of a sum of equivalent value (Article 71 of the SCC). There is no cap on the amount of money for such forfeiture or compensation claims.
encourage businesses to adopt preventive measures against corruption. 1. Companies are encouraged to adopt a code of conduct that outlines ethical standards and expectations regarding anti-corruption meas - ures. This serves as a foundational document guiding employee behaviour. 2. Organisations are advised to establish inter - nal reporting mechanisms, allowing employees to report suspected misconduct or unethical behaviour confidentially and without fear of retaliation. 3. Companies should conduct regular risk assessments to identify areas vulnerable to corruption. This involves mapping out potential risks associated with different business activities and geographies. 4. Training sessions for employees at all levels are recommended to raise awareness about cor - ruption risks and the importance of compliance. This includes educating staff on recognising and avoiding bribery. The failure to prevent bribery by a company is not directly classified as a criminal offence for the company itself. However, if an employee commits acts of bribery on behalf of the com - pany, the organisation can be held liable under certain conditions, particularly if it can be shown that the company lacked adequate compliance measures (Article 102 al. 2 of the SCC; see 3.3 Corporate Liability ). 8.2 Compliance Guidelines and Best Practices SECO has published a brochure on the issue of corruption in international business transactions. The publication highlights the impact of corrup -
8. Compliance Expectations 8.1 Compliance Obligations
In Switzerland, while there is no explicit legal obligation for companies to implement a com - pliance programme specifically for preventing corruption, various regulations and guidelines
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