Anti-Corruption Legal Resources and Useful Links

Switzerland

Corruption page of the Federal Department of Foreign Affairs.

For full resources, please refer to the French version of this page.

See also our contribution on Switzerland to the The Anti-Bribery and Anti-Corruption Review, 8^th ed., Law Business Research, London, 2019.

Provisions of the Swiss Penal Code applicable to bribery

English is not an official language of the Swiss Confederation. This translation, from the Swiss Government website, is provided for information purposes only and has no legal force.

Title Nineteen: Bribery

1. Bribery of Swiss public officials

Art. 322^ter Bribery

Any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces an undue advantage, or offers, promises or gives such an advantage to a third party in order to cause the public official to carry out or to fail to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion,

is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 322^quater Acceptance of bribes

Any person who as a member of a judicial or other authority, as a public official, officially-appointed expert, translator or interpreter, or as an arbitrator demands, secures the promise of or accepts an undue advantage for that person or for a third party in order that he carries out or fails to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion,

is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 322^quinquies Granting an advantage

Any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator or a member of the armed forces an undue advantage for that person or for a third party in order that the person carries out his official duties is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 322^sexies Acceptance of an advantage

Any person who as a member of a judicial or other authority, as a public official, officially-appointed expert, translator or interpreter, or as an arbitrator, demands, secures the promise of, or accepts an undue advantage for himself or for a third party in order that he carries out his official duties is liable to a custodial sentence not exceeding three years or to a monetary penalty.

2. Bribery of foreign public officials

Art. 322^septies 2. Bribery of foreign public officials

Any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces who is acting for a foreign state or international organisation an undue advantage, or gives such an advantage to a third party, in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion,

any person who as a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces of a foreign state or of an international organisation demands, secures the promise of, or accepts an undue advantage for himself or for a third party in order that he carries out or fails to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion

is liable to a custodial sentence not exceeding five years or to a monetary penalty.

3. Bribery of private individuals

Art. 322^octies Bribery

1 Any person who offers, promises or gives an employer, company member, agent or any other auxiliary to a third party in the private sector an undue advantage for that person or a third party in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion is liable to a custodial sentence not exceeding three years or to a monetary penalty.

2 In minor cases, the offence is only prosecuted on complaint.

Art. 322^novies Accepting bribes

1 Any person who as an employer, company member, agent or any other auxiliary to a third party in the private demands, secures the promise of, or accepts an undue advantage for himself or for a third party in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion is liable to a custodial sentence not exceeding three years or to a monetary penalty.

2 In minor cases, the offence is only prosecuted on complaint.

4. General provisions

Art. 322^decies 4. General provisions

1 The following are not undue advantages:

a. advantages permitted under public employment law or contractually approved by a third party;
b. negligible advantages that are common social practice.

2 Private individuals who fulfil official duties are subject to the same provisions as public officials.

Definitions

Article 110 Definitions

3 Public officials are the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.

Title Seven: Corporate Criminal Liability

Art. 102 Liability under criminal law

1 If a felony or misdemeanour is committed in an undertaking in the exercise of commercial activities in accordance with the objects of the undertaking and if it is not possible to attribute this act to any specific natural person due to the inadequate organisation of the undertaking, then the felony or misdemeanour is attributed to the undertaking. In such cases, the undertaking is liable to a fine not exceeding 5 million francs.

2 If the offence committed falls under Articles 260ter, 260quinquies, 305bis, 322ter, 322quinquies, 322septies paragraph 1 or 322octies, the undertaking is penalised irrespective of the criminal liability of any natural persons, provided the undertaking has failed to take all the reasonable organisational measures that are required in order to prevent such an offence.

3 The court assesses the fine in particular in accordance with the seriousness of the offence, the seriousness of the organisational inadequacies and of the loss or damage caused, and based on the economic ability of the undertaking to pay the fine.

4 Undertakings within the meaning of this title are:

a. any legal entity under private law;

b. any legal entity under public law with exception of local authorities;

c. companies;

d. sole proprietorships.