Das Desorganisationsdelikt in Finanzdienstleistungsunternehmen
Strafrechtliche Verantwortlichkeit des Unternehmens gemäss Art. 102 Abs. 2 StGB
In 2003, a general criminal provision on corporate liability came into force in Switzerland. This regulates how to attribute certain felonies or misdemeanours committed by individuals to the company for which they work. This innovation was in line with a general trend in continental Europe, but was controversial in business circles and in criminal law doctrine. The legislative bodies therefore set themselves the goal of achieving the international minimum of corporate criminal liability. The literature on this subject is extremely rich. However, there are only three court decisions on indictments against corporations. To date, this has led to one legally binding acquittal and two provisional first-instance convictions. In all three cases, the defendant companies were banks charged with money laundering. This article first explains the corporate culpability in Switzerland for which organisational deficits are crucial. On this foundation follows a closer analysis of the three court…
