Understanding Contempt of Court in Swiss Law: Key Provisions and Penalties

Introduction to Contempt of Court in Swiss Law

The legal concept of "contempt of court" originates from the common law and essentially ensures the smooth functioning of the administration of justice. A distinction is generally made between "criminal contempt of court" and "civil contempt of court". While the latter describes disobedience to a judgment or a court order, the former relates to all other behaviours that endanger the orderly course of justice, such as influencing witnesses or unauthorised photography in the courtroom.

The Swiss legal system is rooted in Civil Law, and relies heavily on written statutes. Switzerland does not have a legal concept identical to "contempt of court", but that does not mean, however, that conduct which disrupts the smooth functioning of the administration of justice is not sanctioned. On the contrary: Swiss law contains numerous provisions in both civil and criminal law that sanction behaviours that would fall within the concept of "contempt of court".

Comparison Between Swiss Law and Common Law on Contempt

There is no distinction between "criminal contempt of court" and "civil contempt of court" in Swiss law because both civil and criminal law contain provisions that relate to non-compliance with judgments or court orders and to other conduct that endangers the orderly administration of justice.

Civil Law: Rules and Sanctions for Non-compliance

In Swiss civil proceedings, the court takes charge by giving the necessary directions to manage the case’s progress and get it ready to be heard.

If a person acts improperly or disrupts the proceedings in a civil case (for example, by harassing the court or parties, or taking unauthorised photo or audio recordings), the court (if necessary, with police support) can issue a warning or a fine of up to CHF 1,000 and exclude the person from the court room pursuant to art. 128 Civil Procedure Code (so-called “court room policing”). If a party conducts litigation in bad faith or vexatiously, they or their legal representative can also be fined up to 2,000 Swiss Francs with that amount increasing to 5,000 Swiss Francs for repeat offences.

If a party fails to perform a procedural act on time or fails to attend a hearing as ordered by the court, they are considered to be in default, and the civil law proceedings generally continue. In other words, in these cases, the party must generally not expect any sanction other than the proceedings continuing without the missed action. However, the court may at its discretion still issue a fine of up to CHF 1,000.

In the context of gathering evidence, parties and third parties are generally required to cooperate, with only limited exceptions where certain individuals, such as close associates, lawyers, or journalists, may have a right to refuse. If a third party unjustifiably fails to cooperate, the court can impose a fine of up to 1,000 Swiss Francs, threaten punishment under Article 292 of the Swiss Criminal Code for disobeying an official order, compel cooperation, or make the uncooperative party pay the costs incurred due to their refusal. If someone lies during questioning, they could face a fine of 2,000 Swiss Francs, which can increase to 5,000 Swiss Francs for repeat offences. Instead of questioning a party, the court may require a witness to give evidence, which carries a more severe penalty for perjury under Article 306 of the Swiss Criminal Code.A violation of a judicial prohibition in the form of a privately placed sign, which the owner places on his property (e.g., a no parking sign), also constitutes non-compliance with a court order and can result in a fine of up to CHF 2,000.

If an individual refuses to comply with an order to do something, to  refrain from doing something, or to tolerate a certain situation,  the enforcement court can threaten punishment under article 292 CrimC for non-compliance with an official order, issue fines of up to 5,000 Swiss Francs or 1,000 Swiss Francs for each day of non-compliance, order coercive measures (for example, removal or clearing of a property), or order that someone else fulfils the relevant obligation. This does not apply to orders to pay a sum of money. Such orders are enforced through seizure of the debtor’s assets under debt enforcement law. Debt enforcement and bankruptcy law also contain provisions that provide for fines of up to 1,500 Swiss Francs for bad faith or vexatious litigation brought before a cantonal supervisory authority (art. 20a nr. 5 Swiss Debt Collection and Bankruptcy Act). Third parties who fail to disclose information, hide assets, or dispose of seized assets during debt enforcement proceedings may also face criminal consequences.

Criminal Law: Addressing Contempt in Switzerland 

In criminal proceedings, the court room policing measures against persons who disturb the security, peace, and order of proceedings are also available (including fines, warnings, and police custody). These can be applied by the public prosecutor's office or the court. Non-cooperation, such as refusing to testify without justification, can lead to fines or cost orders, and potentially punishment for disobeying an official order. If experts, appointed to establish or assess a fact in criminal proceedings, fail to fulfil their duties, they can be fined or have their appointments terminated without compensation.

If a person does not comply with a criminal authority’s summons or is late without excuse, they can be fined and compelled to attend by the police. If persons are obliged to provide a handwriting or speech sample, refusal can generally be punished with a fine. The same applies to persons who refuse to hand over items or assets that are to be seized.

Finally, the Swiss Criminal Code also criminalises certain behaviours that could be considered "contempt of court." The already mentioned non-compliance with official orders (art. 292 CrimC) is probably the most well-known criminal offence in this context. Other criminal offences concern false accusations of an innocent person (art. 303 CrimC), perverting the course of justice (art. 304 CrimC), aiding someone to evade prosecution (abetment, art. 305 CrimC), false testimonies (art. 306 et seq. CrimC), or false expert opinions and translations (art. 307 CrimC). All of these criminal offences can lead to criminal proceedings, which can result in a fine or imprisonment. Additionally, there are criminal provisions for debtors or third parties who disobey orders in debt enforcement proceedings.

Comprehensive Provisions for Administration of Justice in Switzerland

In summary, the Swiss legal system contains a comprehensive set of rules for civil, debt enforcement, and criminal proceedings that can sanction both the non-compliance with a judgment or a court order and other behaviours that threaten the orderly administration of justice.

Our expertise

With offices in many of the world’s major financial centres, including London, Paris, Geneva, Zurich, Dubai, Hong Kong and Singapore, we are ideally placed to work with you to prevent, resolve and assist with financial crime disputes and investigations as they arise, whatever the law, language, rules, industry sector, or subject matter of that dispute may be. Our dedicated multicultural and multilingual specialists conduct proceedings under both common law and civil systems.

Whether you are an individual or a business, our strategically focused specialists will work alongside you through every aspect of any proceedings. Please contact the author or your usual Charles Russell Speechly LLP contact if you would like to get in touch.