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SR 312.0 · Editorial explanation
Criminal Investigations and Asset Seizure in Switzerland
The Code is in force; the official Fedlex consolidation dated 1 April 2025 was reviewed. This is independently authored editorial material, not the full text, an official translation or a substitute for reviewing the case file.
Key takeaways
Key takeaways
This material explains the official publication without reproducing it and is not an official translation or individual advice. Current legislation, cantonal practice and the facts must be checked before application.
Seizure under Articles 263 et seq. may secure evidence, procedural costs, financial penalties, restitution to an injured person or future confiscation.
Possession, beneficial ownership and a third party's procedural position require separate analysis.
Appeal periods are short and depend on the measure and service, so receipt of each decision should be recorded immediately.
01
Investigation, status and preservation of rights
Before responding to an authority, the person's procedural status must be identified: accused, injured party, witness, information provider or third party. The status determines protection against self-incrimination, access to counsel and the file, and duties to cooperate. An organisation should lawfully preserve relevant documents, suspend routine deletion and identify custodians and systems without creating false records or obstructing the investigation. Privileged lawyer communications, other professional secrecy and ordinary business correspondence must be separated.
02
Grounds, scope and third-party rights
A seizure order is reviewed against its specific purpose, description of property, nexus to the suspected offence and proportionality. The same asset may be treated as evidence, security for costs or the object of future confiscation, but the legal ground should be identifiable from the order and file. A nominee owner is not always the person with economic control; at the same time, a third party may assert independent rights, source of funds and good faith. For bank accounts, the holder, beneficial owner, signing powers, transactions and timing of value received are examined.
03
Remedies and cross-border coordination
The response includes obtaining the full order immediately, checking service and the deadline, requesting access to the permissible file and preparing evidence of legitimate origin and seizure impact. Possible relief includes discharge or narrowing, release of funds for current obligations, substitute security and protection of a third party. When the request originates abroad, mutual legal assistance, use limitations on transferred data, parallel proceedings and the risk of inconsistent positions across jurisdictions require separate coordination.
Fedlex · ESTV · FINMA
Official source
This material explains the official publication without reproducing it and is not an official translation or individual advice. Current legislation, cantonal practice and the facts must be checked before application.
SR 312.0 · consolidation 1 April 2025
Fedlex · 2007-10-05 · 2011-01-01 · PDF · 180
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