The new specific offence of stalking envisaged in the Swiss criminal code.
Author: Lawyer Enrico Germano The Council of State of the Canton of Ticino has endorsed the project of the Commission for Legal Affairs of the National Council, the Swiss Chamber ...
Confirmation of the federal supreme court’s racial discrimination conviction of the french-cameroon comedian Dieudonne` following his claim that the gas chambers never existed. Freedom of expression cannot be invoked
Author: Lawyer Enrico Germano The highest judicial authority confirmed the conviction of the comedian for racial discrimination in accordance with Article 261bis of the Swiss Criminal Code (SCC), following several ...
Defacement of a private building. The federal court held that the honourable grounds invoked by the climate activist are to be excluded if they lead to harm to third parties.
Author: Lawyer Enrico Germano An activist had defaced a bank, painting red hands on the facade. On 30 March 2023, the Federal Supreme Court in the last judicial instance finally ...
In the majority of Swiss cantons begging is forbidden. Partial amendments are in act after the decision of the European Court of Human Rights of 19 January 2021- Case Lacatus v. Switzerland.
Author: Lawyer Enrico Germano In Switzerland, it is the cantons that regulate and decide the conditions for begging. In 2014, a Romanian woman of Rom ethnicity, Violeta-Sibianca Lacatus, appealed, assisted ...
Murder of a 10-year-old girl in Germany by her peer. Arrest as a preventive detention measure would have been possible in Switzerland.
Author: Lawyer Enrico Germano There had been a sensation in the news in early April 2023 in which a girl only 10 years old was found dead in Wunsiedel in ...
According to the federal supreme court, the dismissal of four swiss soldiers for refusing to be vaccinated against Covid-19 is justified and proportionate. Compulsory vaccination constitutes only a minor infringement of personal freedom.
Author Lawyer Enrico Germano The Federal Supreme Court held that the dismissal of four special forces soldiers, who had refused to be vaccinated against COVID-19, was justified and proportionate. According ...
The impunity of pregnant pickpockets in Italy. Arrest in Switzerland of a pregnant woman, if seriously suspected of committing a crime, is possible.
Author: Lawyer Enrico Germano In March 2023, there was an outcry in the Italian media about the constant reports in the metro and on public transport of young serial pickpockets, ...
Indebted persons in Switzerland. Creditor’s enforcement proceedings against the debtor.
Author: Lawyer Enrico Germano The latest 2020 figures announced by the Federal Statistical Office show that almost one in seven (13.5%) people in Switzerland live in a household with at ...
Interpretation of article 28d of the Swiss federal ordinance of 4 march 2022 on measures related to the situation in Ukraine and specifically regarding prohibitions on trusts as from 27 April 2022. Question of whether the trustee is subject to the firma supervisory authority – third and last part
Author: Lawyer Enrico Germano Within the framework of Swiss legislation, an independent supervisory authority for the Swiss financial market was established in 2009 under the name FINMA (acronym for Swiss ...
Interpretation of article 28d of the Swiss federal ordinance of 4 march 2022 on measures related to the situation in Ukraine and specifically regarding prohibitions on trusts as from 27 April 2022 – second part
Author: Lawyer Enrico Germano Art. 28d para. 2 of the Ordinance provides a prohibition to act as trustee, nominee shareholder, director, secretary or in a similar capacity for a trust ...
Interpretation of article 28d of the Swiss federal ordinance of 4 march 2022 on measures related to the situation in Ukraine and specifically regarding prohibitions on trusts as from 27 april 2022 – first part
Author: Lawyer Enrico Germano The interpretation of this article, which lists the bans on trusts as of 27 April 2022, is offered by the State Secretariat for Economic Affairs (SECO), ...
Uterus rental. Current legislation in Switzerland.
Author: Lawyer Enrico Germano The issue is highly topical in Europe and the political, legal and ethical debate is very heated in Italy, where the Minister for Equal Opportunities and ...
New conviction in Europe stealthing. In Switzerland, the removal of a condom during sexual intercourse without the knowledge of the partner does not currently fall under the offence of sexual acts with persons.
Author: Lawyer Enrico Germano. In the Netherlands on 14 March 2023, the Court of Dordrecht sentenced a 28-year-old man to three months’ probation for removing a condom without his partner’s ...
Brief chronology of sanctions adopted by Switzerland against the Russian Federation after the start of the war in Ukraine on 24 February 2022.
Author: Lawyer Enrico Germano Since 1 January 2003, the Federal Act on the Application of International Sanctions (Embargo Act, EOA) has been the legal basis for the application of non-military ...
Incitement and assisting suicide. Comments following the acquittal of a doctor by the criminal appeal and review chamber of the Canton of Geneva on 6 February 2023.
Author: Lawyer Enrico Germano. The legal framework in Switzerland on the subject of assisting suicide is a very topical ethical and social issue, as in many western countries, and in ...
Large-scale video surveillance project in Swiss railway stations. Commercial purpose colliding with the right to privacy.
Author: Lawyer Enrico Germano Video surveillance in Swiss trains and railway stations (SBB-CFF-FFS) is governed by the Railways Act and the Passenger Transport Act. Specific provisions are contained in the ...
Entry into force on 1st of January 2022 of the amendments to the federal civil status ordinance on gender reassignment in Switzerland. First effects and considerations after one year.
Author: Lawyer Enrico Germano . The change in the law approved by the Swiss Parliament on 18 December 2020 makes it possible, as of 1 January 2022, for interested persons ...
Billion-Swiss francs loans from FIFA and other entities to Swiss cantons and municipalities. contracts of a private nature only and not subject to FINMA.
Author: Lawyer Enrico Germano A recent investigation by the Swiss radio and television station RTS revealed that major Swiss cities, including Geneva, Lausanne and even Berne, as well as the ...
Director’s liability under Swiss corporate law
Author: Lawyer Enrico Germano. The Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations, hereafter CO) states that “the members of the board ...
Enjoyment of holidays by the employee
Author: Lawyer Enrico Germano The Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations) provides four articles (art. 329a CO – art. 329d ...
ACCESS TO THE RECORDS OF CRIMINAL PROCEEDINGS
Author: Lawyer Enrico Germano The offences of criminal mismanagement, provided in art. 158 of the Swiss Criminal Code (hereafter SCC), establishes “Any person who by law, an official order, a ...
Offences against property, in particular the offence of criminal mismanagement
Author: Lawyer Enrico Germano The offences of criminal mismanagement, provided in art. 158 of the Swiss Criminal Code (hereafter SCC), establishes “Any person who by law, an official order, a ...
Speeding fines or other traffic offences imposed in Italy on drivers of vehicles registered in Switzerland
Author: Lawyer Andrea Amedeo Prospero Recently, the press gave some prominence to a ruling by the Swiss Federal Criminal Court1 indicating that it was not possible to receive payment demands ...
The Swiss criminal records excerpt
Author: Lawyer Enrico Germano The Federal Office of Justice in Berne manages the criminal record extract. Any person residing in Switzerland is entitled to apply for this extract for personal ...
The offence of coercion in the issuance of an unlawful summons for payment
Author: Lawyer Enrico Germano The offence of coercion is provided for in Article 181 of the Swiss Criminal Code (hereinafter CP) and states that “Any person who, by the use ...
The right to file a complaint under Swiss law
Author: Lawyer Enrico Gemano Pursuant to Article 30 of the Swiss Criminal Code (hereinafter CP), “If an act shall be liable to prosecution only if a complaint is filed, any ...
The infringements of personality rights and reparation of reputational damage caused by a press article
Author: Lawyer Enrico Gemano Pursuant to Article 28(1) of the Swiss Civil Code (hereinafter CC), any person whose personality rights are unlawfully may petition the court for protection against all ...
Consensual termination Agreement between the employer and its employee
Author: Lawyer Enrico Gemano Pursuant to Art. 335 of the Swiss Code of Obligations (hereafter CO), an employment relationship for an unlimited period may be terminated by either party. The ...
The high net worth individual: the so-called rich or deemed rich
Author: Lawyer Enrico Germano In finance, a high net worth individual (HNWI-High Net Worth Individual) is a person who has about USD 1 million (at today’s exchange rate about CHF ...
Italian cross-border commuter who is a de facto partner and/or owner of the Swiss company
Author: Lawyer Enrico Germano According to data released by the Federal Statistical Office in Switzerland the number of cross-border commuters, working mainly in border cantons such as Geneva, Vaud, Neuchâtel, ...
Female employment in Switzerland
Author: Lawyer Enrico Germano Women of working age in Switzerland prefer part-time work. Statistics show that “in 2020, 79% of employed women between 15 and 64 years of age with ...
REAL ESTATE BROKERAGE IN SWITZERLAND AND IN TICINO IN PARTICULAR
Author: Lawyer Enrico Germano In 90% of cases in Switzerland, a private individual who intends to sell his property turns to a real estate agency to offer it on the ...
The notification of collection notices to the Italian taxpayer registered to the A.I.R.E and resident in Switzerland
Author: Lawyer Enrico Germano More and more Italian citizens, resident in Switzerland and registered in the Registry of Italian citizens residing abroad (A.I.R.E), in receipt of a B permit (residence ...
Custody and maintenance of minor children in the event of divorce in Switzerland
Author: Lawyer Enrico Germano In the event of a divorce, which statistically affects two out of every five marriages in Switzerland, there are many aspects that the couple will have ...
The ten Plagues of Egypt and the current world crisis. Careless parallelism or ominous premonition?
Author: Lawyer Enrico Germano We are all familiar with the biblical account where a series of calamities fell by divine will and punishment on Pharaoh Ramesses II and the Egyptians ...
Dichotomy between presumption of innocence and trail by media
Directive (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings
Author: Lawyer Enrico Germano The presumption of innocence is a neuralgic legal principle according to which a defendant is not considered guilty until proven otherwise. It has been adopted by ...Directive (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings
Divorce cases in Switzerland and in Ticino
Author: Lawyer Enrico Germano The Federal Statistical Office in Neuchâtel has published interesting data on divorces in Switzerland, comparing the last three years 2019-2020-2021. It turns out that there were ...
Cases of workplace bullying in Switzerland
Author: Lawyer Enrico Germano The data from the State Secretariat for Economic Affairs (SECO) dated 7 July 2022 show that for the month of June 2022, there were (only) 92,511 ...
One thousand billion Swiss francs to rebuild Ukraine. The first cries of alarm over the risks of corruption.
Author: Lawyer Enrico Germano In the meantime, the July 4th-5th 2022 Ukraine Recovery Conference (URC2022) in Lugano ended with a fair amount media resonance outside Switzerland. It is as if ...
EXERCISING GAINFUL ACTIVITY FOR S PERMIT RECIPIENTS IN SWITZERLAND
Author: Lawyer Enrico Germano After the war started on February 24, 2022 by the Russian Federation in Ukraine, many Ukrainian citizens left their homeland and moved mainly to European countries, ...
WAGE INEQUALITY BETWEEN MEN AND WOMEN IN SWITZERLAND
Author: Enrico Germano The principle of equal wage in Switzerland has been enshrined both in the Federal Constitution since 1981 and in the Federal Act on Gender Equality which came ...
LUMP SUM TAXATION IN SWITZERLAND AND IN THE CANTON OF TICINO: AN IMPORTANT ECONOMIC PROMOTION VEHICLE FOR SWITZERLAND AND A MEAN OF FACILITATED AND PRIORITY ACCESS TO RESIDENCE PERMITS.
Author: Lawyer Andrea Amedeo Prospero Switzerland has a very special taxation mode, designed to attract wealthy foreigners to reside and live in cantons that allow it. In German, this mode ...
EMIGRATION FROM THIRD COUNTRIES TO SWITZERLAND AND RELEVANT ENTRY REQUIREMENTS
Author: Enrico Germano Switzerland remains one of the most competitive countries in the world and in 2021 reached the top of the world rankings, remaining for many years consistently one ...
25TH ST. PETERSBURG INTERNATIONAL ECONOMIC FORUM, WHICH SHUT DOWN ON JUNE 18TH 2022 AND WAS DUBBED THE RUSSIAN DAVOS
Author: Enrico Germano It seems anomalous that despite the current package of EU sanctions, to which Switzerland has also joined, and the ongoing war in Ukraine, the St. Petersburg International ...
FIRST EFFECTS OF THE SANCTIONS AGAINST THE RUSSIAN FEDERATION ON SWISS LUXURY GOODS
Author: Enrico Germano On 10 June 2022, an article came out on the website Swissinfo.ch, concerning the effects of the sanctions against Russia on Swiss luxury goods1. Effects that were ...