Economic espionage and the Swiss criminal code
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Article 273 of the Swiss criminal code holds for a prison sentence for foreign spies who try to obtain information about a client of a Swiss bank. Even if the client authorizes the bank to give information
to a foreign government, by law the bank cannot divulge any information. The
purpose of this provision is to thwart any pressure or blackmail that
foreign authorities could exert on a Swiss bank client so that he or she asks
the bank to disclose the existence of the account in Switzerland (take, for
example, the Nazi regime that used such practices on Jewish clients of Swiss
banks). Article 271 is aimed at foreign administrative officers
(police, tax and customs authorities, etc.) who conduct investigations on
Swiss territory. In such a way, it prevents abduction operations such as those
carried out by the Nazi regime in the Jacob
affair. | Article 273 of the Swiss criminal code | Any person who has sought to discover a trade or business secret in order to make it accessible to an official or private foreign body, or to a private foreign company, or to their agents,
any person who has made a trade or business secret accessible to an official or private foreign body, or to a private foreign company, or to their agents,
will be punished by imprisonment or, in serious cases, by reclusion. The judge may also issue a fine. |
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| | Article 271 of the Swiss criminal code | 1. Any person who, without authorization, has conducted
on Swiss territory for a foreign State acts that are a matter
for public authorities, any person who has conducted such
acts for a foreign party or another foreign organization,
anyone who has furthered such acts, will be punished by imprisonment
and, in serious cases, by reclusion. 2. Any person who, by means of violence, contrivance or threat, has taken a person abroad to hand him or her over to a government authority, a party or another foreign organization, or to place his or her life or soundness of body in danger, will be punished by reclusion. 3. Anyone who has prepared such an abduction will be punished by reclusion or imprisonment. |
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