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Leading case on the criminal liability of corporations for money laundering

November 2016
Oural, M. / Müller, D.

The Swiss Federal Supreme Court clarified in a recent landmark decision that the criminal liability of enterprises is not a strict liability, but rather requires proof of a criminal offence in any case. This applies also to the criminal liability of an enterprise due to failure to implement organizational measures to prevent certain white collar crimes from being committed. The decision defines the limits of Swiss criminal law applicable to enterprises, in particular with respect to money laundering.

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