Facts
This case concerns the validity of the appointment of legal counsel to represent the Venezuelan oil company B. SA in criminal proceedings conducted in Switzerland.
Following a criminal complaint filed by B. SA, the Public Prosecutor's Office of Geneva opened an investigation for complicity in the corruption of foreign public officials, money laundering, and data theft against several persons, including employees or service providers of the G. group active in the trade of petrochemical products.
The validity of B. SA's constitution as a private prosecutor has been challenged, notably by G. Inc., G. Limited and E. However, the Criminal Appeals Chamber confirmed this constitution and the appointment of lawyer C. as legal counsel for B. SA.
Subsequently, changes occurred in the governance of B. SA due to the political crisis in Venezuela opposing Nicolas Maduro and Juan Guaido. Lawyer D. was then appointed as the new legal counsel for B. SA, which was challenged by A., E. and F.
Considerations
The Federal Tribunal examined the issue of the validity of the appointment of B. SA's legal counsel under Venezuelan law, which is applicable under Swiss private international law.
According to the Federal Tribunal, when a foreign company is involved in criminal proceedings in Switzerland, the appointment of its legal counsel must be made by persons authorized under the law of the state where the company is organized. In this case, Venezuelan law is applicable, regardless of whether Switzerland recognizes the political regime in place in Venezuela.
The Federal Tribunal considered that the…