Corporate crime in Switzerland – the
Office of the Attorney General of
Switzerland will no longer issue side
letters

The Supervisory Authority for the Office of the Attorney General of Switzerland (SA-OAG) ends the practice of so-called "side letters" issued by the Office of the Attorney General of Switzerland (OAG) in the ambit of corporate criminal liability proceedings where companies would be convicted under art. 102 of the Swiss Criminal Code through a summary penalty order.

Such side letters, issued by the OAG alongside summary penalty orders, served to clarify the scope of corporate liability, acknowledge cooperation efforts, and outline remedial measures. They provided companies with an official document to share with regulators and stakeholders, contextualising the negotiated criminal resolution.

The abandonment of this practice will require companies operating in Switzerland and potentially facing criminal prosecution to include in their compliance and crisis management strategies specific communications to stakeholders without expecting side letters or formal recognition of cooperation from the OAG and assess how Swiss criminal resolutions may interact with proceedings in jurisdictions offering negotiated outcomes like DPAs.