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Can a company be criminally convicted in Switzerland?

In short

Yes. Article 102 of the Swiss Criminal Code allows the company itself to be fined up to five million francs. For bribery, money laundering and terrorist financing, it is liable independently of any individual if its organisation failed to prevent the offence.

Two forms of liability

As a rule, corporate liability is subsidiary: it is engaged only if the offence committed in the course of the company’s business cannot be attributed to any specific individual because of deficient organisation.

For a list of offences, including bribery of Swiss and foreign public officials, private bribery, money laundering, criminal organisation and terrorist financing, the company is liable alongside individuals. It is enough that it can be blamed for failing to take all reasonable and necessary organisational measures to prevent the offence.

What this means

The decisive question becomes one of organisation: compliance framework, controls, training, response to red flags. An internal investigation conducted early and properly documented often makes it possible to establish what the company knew, and what it had put in place.

In the proceedings, the company is represented by a single person, who cannot also be accused in respect of the same facts. This choice should be prepared as soon as the investigation opens.

This note is for general information only. It does not constitute legal advice and is no substitute for the review of a specific situation.

Legal questions

  1. Asset Recovery and EnforcementCan assets in Switzerland be frozen before a judgment has been obtained?Yes. The attachment provided for by the Debt Enforcement Act allows a creditor to have assets located in Switzerland frozen without prior notice to the debtor. The creditor need only show, on a prima facie basis, the claim, a statutory ground for attachment and the existence of the assets concerned.
  2. Asset Recovery and EnforcementHow can a foreign judgment be enforced in Switzerland?The judgment must first be recognised and declared enforceable in Switzerland. For a decision rendered in a State bound by the Lugano Convention, review is limited and the procedure swift; for other States, the Swiss Private International Law Act applies and its requirements are stricter.
  3. General and White-Collar Criminal LawMutual legal assistance: what can an account holder do when bank records are about to be sent abroad?The account holder may take part in the proceedings, inspect the file and appeal against the closing decision to the Federal Criminal Court within thirty days. Alternatively, the holder may consent to simplified execution, which ends the proceedings.
All questions