Last Updated June 11, 2019

Law and Practice

Contributed By Walder Wyss Ltd

Authors



Walder Wyss Ltd has 200 legal experts and office locations in Zurich, Geneva, Basel, Berne, Lausanne and Lugano. Walder Wyss Ltd has a team dedicated to life science and pharmaceutical regulatory law, including healthcare insurance law. The key areas of practice in relation to the pharmaceutical advertising sector are pharmaceutical regulatory law, healthcare insurance law and the law regarding research on humans and clinical trials, stem cells and blood components, genetic testing, transplantation, special nutrition, medical devices and reproductive medicine. The firm has established www.lifesciencelaw.ch, a website dedicated to all legal issues surrounding life sciences where case law is discussed and where interested people can find publications from the team.

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).

Walder Wyss Ltd

Walder Wyss Ltd.
Seefeldstrasse 123
P.O. Box
8034 Zurich
Switzerland

+41 58 658 58 58

+41 58 658 59 59

reception@walderwyss.com www.walderwyss.com/en/home
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Authors



Walder Wyss Ltd has 200 legal experts and office locations in Zurich, Geneva, Basel, Berne, Lausanne and Lugano. Walder Wyss Ltd has a team dedicated to life science and pharmaceutical regulatory law, including healthcare insurance law. The key areas of practice in relation to the pharmaceutical advertising sector are pharmaceutical regulatory law, healthcare insurance law and the law regarding research on humans and clinical trials, stem cells and blood components, genetic testing, transplantation, special nutrition, medical devices and reproductive medicine. The firm has established www.lifesciencelaw.ch, a website dedicated to all legal issues surrounding life sciences where case law is discussed and where interested people can find publications from the team.

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