Swiss courts ruled on 78 serious cases of economic crime in 2022, ten more than in 2021, according to a study by KPMG consulting firm with actual numbers of cases are meanwhile likely to be much higher, since many go unreported. What are the most common types of white-collar crimes committed in Switzerland? Most of the key financial crime offences are contained in the Swiss Criminal Code (“SCC”) and include Misappropriation (art. 138 SCC), Unauthorised obtainment of data (art. 143 SCC) or personal data (art. 179novies SCC), Fraud (art. 146 SCC), Computer Fraud (art. 147 SCC), Criminal Mismanagement (art. 158 SCC), Bankruptcy and debt collection felonies or misdemeanours (art. 163 to 170 SCC), Forgery of a document (art. 251 SCC), Money laundering (art. 305bis SCC) and Bribery of Swiss public officials (art. 322ter SCC) and of foreign public officials (art. 322septies SCC), Bribery in the private sector (art. 322octies and 322novies SCC), and Granting and acceptance of an advantage (for Swiss public officials) (art. 322quinquies and 322sexies SCC). Other pieces of legislation in specific legal fields contain other criminal offences, such as Insider trading and Market manipulation, governed by the Financial Market Infrastructure Act (“FinMIA”), Cartels and unlawful agreements affecting competition, governed by the Federal Act on Cartels and other Restraints of Competition (“CartA”), Unfair Competition, governed by the Unfair Competition Act (“UCA”), and offences related to personal data in accordance with the Data Protection Act (“FADP”). 74 LAWYER MONTHLY MARCH 2024 White-collar Crime on The Rise in Switzerland In an era where the intricacies of white-collar crime are becoming increasingly complex, the need for seasoned legal experts in the field has never been more critical. Sébastien Collart, a founding partner at 100 Legal, stands at the forefront of addressing these challenges. His expertise in navigating the legal landscape makes him a pivotal resource for entrepreneurs and businesses confronting the multifaceted nature of white-collar crimes. An Interview with Sébastien Collart Founding Partner at 100 Legal
RkJQdWJsaXNoZXIy Mjk3Mzkz