15 August 2017
Can Swiss Parties provide evidence to a foreign court?
Blocking statutes, international judicial assistance, authorisations and exceptions
The Swiss blocking statute
Art. 271 of the Swiss Criminal Code (SCC) prohibits carrying out activities on behalf of a foreign state on Swiss territory without lawful authority, where such activities are the responsibility of a public authority or public official. In principle, the obtaining of evidence for court proceedings abroad constitutes the exercise of public powers pursuant to Swiss case law.