Swiss Criminal Conviction Upheld on Basis of Foreign Order Violative of Swiss Public Order

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Sunday, December 1, 1985
Author: 
Clemens J.M. Kochinke
Volume: 
1
Issue: 
4
Abstract: 
On July 10, 1984, the Swiss Supreme Court upheld a conviction of a Swiss citizen who had violated a California civil order and thereby committed an offense under Swiss criminal law.  Although the criminal conviction was based on a civil order, the decision has far-reaching effects in the area of international enforcement.  The judgment is significant because the Court uses a foreign order in spite of its incompatibility with Swiss public order for a criminal conviction.