(Universidad EAFIT, 2020-06-27) Godel, Thierry; Universidad de Friburgo
The opening of borders and the globalisation of many commercial activities have encouraged the development of cross-border crime. In Switzerland, as in Europe or Latin America, there has been a resurgence of criminal proceedings with an international dimension against companies. Article 102 of the Swiss Penal Code appears as a fundamental instrument in the fight against corporate crime. However, since the recognition of a corporate criminal responsibility in the Swiss Criminal Law, in 2003, a key issue remained unresolved: does the law provide a new corporate crime or a sui generis form of participation in a crime committed by a natural person? In its judgement of 12th December 2019, the Swiss Federal Court clarified this fundamental aspect which influences the spatial application of the corporate criminal responsibility, respectively the competence of the Swiss authorities.