Anticorruption Compliance: An Important Decision

Key takeaways

• A robust internal anticorruption policy and close monitoring of intermediaries are necessary conditions for avoiding corporate criminal liability when a company operates in a high-risk sector and/or country of operation.
• The January 2025 judgment of the Federal Criminal Court (published in December 2025) illustrates what Swiss authorities expect in terms of organizational compliance measures.
• Companies must adopt best practices from recognized Swiss and international anticorruption standards.

Introduction

A recent judgment of the Swiss Federal Criminal Court (January 2025, published at the end of December 2025) provides important guidance to avoid a corporate criminal liability for corruption. The Court convicted the Dutch subsidiary of a Swiss group active in commodity trading for failing to take all reasonable and necessary organizational measures to prevent corruption. According to Article 102(2) of the Swiss Criminal Code, a company