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Art. 273 SCC, Economic Intelligence.
1. the concept of a trade or manufacturing secret (Rec. 1a).
2. economic intelligence services for a foreign addressee to the detriment of a company domiciled in Switzerland constitute an indirect violation of or threat to Swiss interests as a whole (cf. 1 b).
3. economic intelligence constitutes an abstract endangerment offense (cf. 1c).
Moreover, the wording of Art. 273 SCC seems unambiguous: it does not require a direct violation or endangerment of state interests. For any economic intelligence service to the detriment of a company domiciled in Switzerland for the benefit of a foreign country necessarily involves an indirect violation of or threat to the interests of the state, which is sufficient to satisfy the elements of the crime under Article 273 SCC. In the present case, however, the misunderstanding of this concept did not influence the lower court’s decision.
Source: BGE 98 IV 209