Anti-mafia criminal article against oligarchs
Legal basis for Russian funds to Ukraine exists
According to criminal lawyer Mark Pieth, the Swiss legal basis for using Russian funds for Ukraine is in place. To do this, however, the federal government would have to classify Russian President Vladimir Putin and oligarchs close to the Kremlin as criminal organizations.
Published: 06:49 am
Updated: 3 minutes ago
Emeritus professor of criminal law Mark Pieth sees ways in which Switzerland can use Russian money to rebuild Ukraine. (archive image)
According to Article 72 of the Criminal Code, assets can be confiscated “which are subject to the power of disposal of a criminal or terrorist organization,” said Pieth in an interview with Tamedia newspapers on Monday.
“Oligarchs who fill Putin’s war chest would be collaborators in a similar way to the mafia’s henchmen,” he said. Switzerland would also have to check with each oligarch whether and to what extent he is still considered a supporter of the Kremlin.
The reversal of the burden of proof formulated in the article is interesting. In the case of a person who is involved in a criminal organization or has supported it, the power of disposal of the organization is suspected until proven otherwise, said Pieth. The rule does not violate the property guarantee.