On 20.04.2016, the Swiss Federal Council has enacted the revision of the anti-corruption law to become effective on 01.07.2016.
Prof. Dr. Juana Vasella
Legal Counsel
On 20.04.2016, the Swiss Federal Council has enacted the revision of the anti-corruption law to become effective on 01.07.2016.
Swiss Anti-Corruption regulation has been in place since 2006. One main prerequisite for an investigation was a criminal complaint served by a person concerned (such as a competitor). However, based on this statute 2006, no single conviction has become public. Now, the latest revision reduces the hurdles for criminal prosecution significantly:
Authorities will investigate suspected private corruption without a private criminal complaint (except for de minimis cases).
No evidence of a distorting market effect is any longer necessary.
The norm is now part of the Swiss Criminal Code and not just part of the Statute against Unfair Competition.
Extension of application to cover also dealings with officials:
Granting undue advantage to, or acceptance of advantages by officials as consideration for an official act; and
Granting undue advantage not directly to the officer but also with his knowledge to third parties.
As a general rule, the new corruption law, often described as “Lex-FIFA”, is not relevant for ongoing proceedings. The criminal code foresees that unlawful activities committed prior the introduction of the ex officio prosecution of the offence would still require a filing from a third party to institute proceedings.
