Blocking provisions: pitfalls to collecting evidence in Switzerland | Practical Law

Blocking provisions: pitfalls to collecting evidence in Switzerland | Practical Law

A number of states, including Switzerland, have enacted blocking statutes which may prevent or hinder the collection of evidence in multi-jurisdictional proceedings. Article 271 of the Swiss Criminal Code (Criminal Code) prevents an "official act" from being performed on behalf of a foreign authority on Swiss soil. This can have the effect of blocking the collection of evidence located in Switzerland that is intended for use in proceedings outside of Switzerland. Against this backdrop, this article:

Blocking provisions: pitfalls to collecting evidence in Switzerland

Practical Law UK Articles 7-521-0202 (Approx. 10 pages)

Blocking provisions: pitfalls to collecting evidence in Switzerland

by Saverio Lembo and Aurélie Conrad Hari, Bär & Karrer
Law stated as at 01 Aug 2012Switzerland
A number of states, including Switzerland, have enacted blocking statutes which may prevent or hinder the collection of evidence in multi-jurisdictional proceedings. Article 271 of the Swiss Criminal Code (Criminal Code) prevents an "official act" from being performed on behalf of a foreign authority on Swiss soil. This can have the effect of blocking the collection of evidence located in Switzerland that is intended for use in proceedings outside of Switzerland. Against this backdrop, this article:
This article is part of the PLC multi-jurisdictional guide to corporate crime, fraud and investigations law. For a full list of jurisdictional Q&As visit www.practicallaw.com/corporatecrime-mjg.