CORPORATE CRIMINAL LIABILITY IN SWITZERLAND


Hire A Former White-Collar Crime Prosecutor To Represent You Against Swiss Corporations

As a former prosecutor specializing in white-collar crime prosecution at the federal level, our Geneva criminal defense lawyer Shayan Farhad offers skilled criminal representation and brings unparalleled expertise to the table when it comes to pursuing well-established, powerful entities such as Swiss banks and other Swiss financial institutions.


Trust FARLEGAL to fight for your rights and navigate the complexities of criminal law with expertise, professionalism, and integrity. Contact us at +41213103546 or book an initial consultation.

HOLDING SWISS ENTITIES ACCOUNTABLE FOR CRIMINAL OFFENCES

Geneva Corporate Criminal Liability Lawyer

Our Geneva criminal law firm's expertise extends beyond individual perpetrators to encompass the complex realm of corporate criminal liability. Recognizing that criminal offences may involve systemic failures within organizations, we are committed to pursuing justice for victims by holding entities and corporations accountable for their (mis)conduct.


Whether it involves uncovering instances of money laundering, corruption or financial offences, our Geneva criminal attorney Shayan Farhad's keen investigative skills and unique background as a former white-collar crime prosecutor enable her to effectively navigate the complexities of corporate criminal investigations involving Swiss corporations. These include big powerful Swiss banks, Swiss financial institutions, and Swiss entities.


Moreover, Shayan's international perspective uniquely positions her to address the challenges posed by multinational corporations and cross-border financial crimes. She is well-versed in the intricacies of international law and has the experience and resources to pursue corporate accountability across jurisdictions, ensuring that even the largest entities are held to account for their wrongdoing.


For clients seeking representation in cases involving corporate criminal liability, Shayan Farhad offers a potent combination of expertise, tenacity, and integrity. With a track record of success in navigating the complexities of white-collar crime investigations and a steadfast commitment to advocating for justice, she stands as a formidable ally for those seeking to hold corporations accountable for their actions, regardless of their size or influence.


Click here to learn more about the legal principles governing corporate criminal liability in Switzerland, including a comparison with other jurisdictions.


Let us help you.  Call us at +41213103546 or book a consultation.


CORPORATE CRIMINAL LIABILITY UNDER SWISS LAW:

TWO-TIER SYSTEM

In Switzerland, corporate criminal liability operates under a two-tier system that encompasses primary and secondary liability.


Pursuant to art. 102 par. 1 of the Swiss criminal code, an entity may trigger its primary corporate criminal liability if it failed to take all necessary and reasonable organizational measures required to prevent one of the listed offenses from being committed:


  • organized crime (art. 260ter of the Swiss Criminal Code)
  • financing of terrorism (art. 260quinquies of the Swiss Criminal Code)
  • money laundering (art. 305bis of the Swiss Criminal Code)
  • failure to exercise due diligence in financial operations (art. 305ter of the Penal Code)
  • bribery of Swiss public officials (art. 322ter, 322quinquies, 322octies of the Swiss Criminal Code)
  • corruption of foreign public officials (art. 322septies of the Swiss Criminal Code)


Under primary liability, the company can be held liable if it is established that the given crime could have been prevented through appropriate organizational measures (which the company failed to implement). This aspect of liability reinforces the idea that entities have an inherent duty to actively prevent criminal conduct through effective risk management and internal policies.


Secondary corporate criminal liability applies to all other offences (felonies and misdemeanors) and is triggered if the individual perpetrator of the suspected offence cannot be identified due to the company’s deficient organization; as such, under the secondary type of corporate criminal liability, the company is subsidiarily charged because no one else within the company can be identified and prosecuted.


Together, the primary and subsidiary liability mechanisms create a comprehensive system that ensures corporations cannot evade accountability by merely deflecting blame onto individuals. This dual approach serves both as a deterrent against corporate misconduct and as a motivator for companies to adopt stringent internal controls and ethical practices.


In both cases, if a corporation is found guilty, it can face a monetary penalty of up to CHF 5 million.

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