09.06.2026
Adhesion Claims in Criminal Investigations
In this article, Urs Feller and Marcel Frey discuss a recent ruling by the Swiss Federal Supreme Court in the area of adhesion claims. According to current case law, contractual claims related to a crime cannot be asserted against a defendant in criminal proceedings by means of an adhesion claim. Such claims need to be brought in parallel civil proceedings. Pursuant to the new judgement by the Federal Supreme Court this conversely entitles an accused to contest such contractual claims by filing a negative declaratory action before the ordinary civil courts.