Swiss law holds companies criminally liable for offences committed within them where they failed to take the organisational measures needed to prevent them. The articles collected here explain corporate criminal liability under Article 102 of the Criminal Code, the bribery of foreign public officials, money laundering, sanctions violations and trade fraud, and the proceedings brought against Swiss trading houses in recent years. They show what compliance organisation the authorities expect, how internal investigations are conducted, and how companies and their managers should respond when prosecutors or FINMA become involved.
Swiss law holds companies criminally liable where they failed to organise themselves to prevent bribery, money laundering and other serious offences. The proceedings against Swiss trading houses in recent years have shown that the fines and compensatory claims can reach hundreds of millions of francs.
Under Article 102 of the Criminal Code, a company can be fined up to five million francs where an offence cannot be attributed to a specific person because of deficient organisation. For bribery, money laundering and certain other offences, the company is liable independently of any individual if it failed to take all reasonable and necessary organisational measures. Confiscation of profits can be ordered in addition to the fine.
Prosecutors look closely at what a company actually did to prevent misconduct. A code of conduct is only a starting point, and they expect risk assessments, due diligence on agents and intermediaries, training, internal controls and a channel for reporting concerns. Groups that trade in commodities or work in high-risk countries benefit from documenting these measures carefully, because the documentation becomes evidence if proceedings are opened.
Directors and managers face personal exposure as well. Individuals can be prosecuted for their own conduct, and the Office of the Attorney General of Switzerland handles many international corruption and money laundering cases. When an investigation begins, early decisions about internal inquiries, cooperation with the authorities and the preservation of documents often shape the result, including whether the case can be concluded by a summary penalty order.
The articles explain corporate criminal liability under Article 102 of the Criminal Code, anti-money laundering in commodity trading, trade finance frauds, the return of illicit assets from Africa, and the compliance organisation that prosecutors expect.
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