13 October 2026 | Speaking Engagement
Corporate criminal liability in
Switzerland: a legal framework that
satisfies no one
13 October 2026 | Speaking Engagement
Corporate criminal liability in
Switzerland: a legal framework that
satisfies no one
Bär & Karrer and ACC Europe Event, Lugano
Conference before an audience of in-house counsel on Swiss corporate criminal liability and, more particularly, Deferred Prosecution Agreements (DPAs) as a key tool for corporate criminal justice.
Switzerland introduced corporate criminal liability under Article 102 of the Swiss Criminal Code (SCC) in 2003. Since then, only twelve proceedings have led to the definitive conviction of companies for bribery of foreign public officials. Recent studies suggest that around one in three Swiss companies pays bribes abroad. All of these convictions were obtained through summary penalty orders. The problem is that this procedure always ends in a conviction, offers no visibility on financial exposure, and gives companies little reason to cooperate. For many undertakings, "wait and see" remains the rational strategy.
The United States, the United Kingdom and France have taken a different route. Through DPAs and the French CJIP, they resolve cases by negotiation, combining cooperation and compliance obligations with judicial oversight, without a criminal conviction. These mechanisms have recovered billions in sanctions. European states adopted them partly to regain sovereignty from US enforcement.
Momentum is building in Switzerland. On 16 June 2025, the Council of States adopted Postulat 25.3028, which asks the Federal Council to examine a deferred prosecution instrument. The Federal Anti-Corruption Strategy 2026–2029 lists such a tool as a strategic measure. A Swiss DPA would allow Swiss prosecutors to "speak the same language" as their foreign counterparts, make global settlements easier, and strengthen Swiss sovereignty.
The intervention will provide practical insight on the advantage such a procedural can have on the practice of in-house counsel that have to deal with potential white collar crime wrongdoing within the company. From crisis management, to handling internal investigation and to reporting strategies to enforcement authorities, the objective will be to fuel discussion around these topics and encourage practical exchanges.
Conference before an audience of in-house counsel on Swiss corporate criminal liability and, more particularly, Deferred Prosecution Agreements (DPAs) as a key tool for corporate criminal justice.
Switzerland introduced corporate criminal liability under Article 102 of the Swiss Criminal Code (SCC) in 2003. Since then, only twelve proceedings have led to the definitive conviction of companies for bribery of foreign public officials. Recent studies suggest that around one in three Swiss companies pays bribes abroad. All of these convictions were obtained through summary penalty orders. The problem is that this procedure always ends in a conviction, offers no visibility on financial exposure, and gives companies little reason to cooperate. For many undertakings, "wait and see" remains the rational strategy.
The United States, the United Kingdom and France have taken a different route. Through DPAs and the French CJIP, they resolve cases by negotiation, combining cooperation and compliance obligations with judicial oversight, without a criminal conviction. These mechanisms have recovered billions in sanctions. European states adopted them partly to regain sovereignty from US enforcement.
Momentum is building in Switzerland. On 16 June 2025, the Council of States adopted Postulat 25.3028, which asks the Federal Council to examine a deferred prosecution instrument. The Federal Anti-Corruption Strategy 2026–2029 lists such a tool as a strategic measure. A Swiss DPA would allow Swiss prosecutors to "speak the same language" as their foreign counterparts, make global settlements easier, and strengthen Swiss sovereignty.
The intervention will provide practical insight on the advantage such a procedural can have on the practice of in-house counsel that have to deal with potential white collar crime wrongdoing within the company. From crisis management, to handling internal investigation and to reporting strategies to enforcement authorities, the objective will be to fuel discussion around these topics and encourage practical exchanges.
