Contributed By Walder Wyss Ltd
The bribery offences in criminal law can be found in Article 322ter et seqq. of the Swiss Criminal Code (StGB). Article 322octies StGB (bribery of private individuals) and art. 322novies StGB (accepting bribes) regulate private corruption and include the criminal liability of both the bribing and the bribed person. The bribed person must be “an employee, partner, agent or any other auxiliary of a third party in the private sector” (Article 322octies StGB and Article 322novies StGB). A doctor with a public function (eg in a public hospital) may also fall under the active and passive bribery provisions for Swiss public officials (Article 322ter and Article 322quater StGB). With regard to Swiss public officials, the acceptance and granting of advantages (so-called climate care/feeding) is also punishable (Article 322quinquies and Article 322sexies StGB).