{"id":"court_ctb_1410_2","court":"CTB","case_no":"22-50073","doc_number":1410,"sub_number":2,"doc_type":"JUDGMENT","filed_date":null,"title":"Exhibit 2 <span id=\"page-1-1\"></span>**Art. 47 SBA**[1](#page-1-0)","summary_zh":null,"summary_en":null,"body_en":"## **Exhibit 2**\n\n## <span id=\"page-1-1\"></span>**Art. 47 SBA**[1](#page-1-0)\n\n1 Whoever intentionally does the following shall be imprisoned up to three years or fined accordingly:\n\n a. disclose confidential information entrusted to them in their capacity as a member of an executive or supervisory body, employee, representative, or liquidator of a bank or a person in accordance with Article 1b, as member of a body or employee of an audit firm or that they have observed in this capacity;\n\nb. attempt to induce an infraction of the professional secrecy;\n\n c. disclose confidential information to third parties or use this information for own benefits or the benefit of others.\n\n- <span id=\"page-1-3\"></span>1 bi[s2](#page-1-2) Whoever enriches themselves or others with an action in accordance with (1)(a) or (c) shall be punished with imprisonment for up to five years or fined accordingly.\n- 2 Whoever acts in negligence shall be penalized with a fine of up to CHF 250,000.\n- 3 ... [3](#page-1-4)\n\n<span id=\"page-1-5\"></span>\n\n- 4 The violation of the professional confidentiality shall remain punishable even after a bank license has been revoked or a person has ceased his/her official responsibilities.\n- 5 The federal and cantonal provisions on the duty to provide evidence or on the duty to provide information to an authority shall be exempted from this provision.\n- 6 Prosecution and judgment of offenses pursuant to these provisions shall be incumbent upon the cantons. The general provisions of the Swiss Penal Code shall be applicable.\n\n<span id=\"page-1-0\"></span><sup>1</sup> Unofficial translation by KPMG (http).\n\n<span id=\"page-1-2\"></span><sup>2</sup> In force since July 1, 2015.\n\n<span id=\"page-1-4\"></span><sup>3</sup> Deleted as of January 1, 2016.\n\n## <span id=\"page-2-1\"></span>**Art. 271 SPC**[4](#page-2-0) *Unlawful activities on behalf of a foreign state*\n\n1. Any person who carries 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,\n\nany person who carries out such activities for a foreign party or organisation,\n\nany person who facilitates such activities\n\n shall be liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year.\n\n- 2. Any person who abducts another by using violence, false pretences or threats and takes him abroad in order to hand him over to a foreign authority, party or other organisation or to expose him to a danger to life or limb shall be liable to a custodial sentence of not less than one year.\n- 3. Any person who makes preparations for such an abduction shall be liable to a custodial sentence or to a monetary penalty.\n\n## <span id=\"page-2-3\"></span>**Art. 273 SPC**[5](#page-2-2) *Industrial espionage*\n\nAny person who seeks to obtain a manufacturing or trade secret in order to make it available to an external official agency, a foreign organisation, a private enterprise, or the agents of any of these, or,\n\nany person who makes a manufacturing or trade secret available to a foreign official agency, a foreign organisation, a private enterprise, or the agents of any of these,\n\nshall be liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year. Any custodial sentence may be combined with a monetary penalty.\n\n<span id=\"page-2-0\"></span><sup>4</sup> Unofficial translation by the Federal Office of Justice (http).\n\n<span id=\"page-2-2\"></span><sup>5</sup> Unofficial translation by the Federal Office of Justice (http).","body_zh":null,"key_entities":[],"ecf_references":[],"word_count":573,"status":"published","published_at":null,"created_at":null,"updated_at":"2026-07-07 07:51:21"}