Mutual Assistance Act (IMAC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 Scope of Application
Section 1 Subject and Limits of Cooperation
Art. 1 Subject matter
1 Unless other federal acts or international agreements provide otherwise, this Act shall govern all procedures of international cooperation in criminal matters, and in particular: a. the extradition of persons who are the subject of criminal prosecution or have been convicted (Part Two); b. assistance aimed at supporting criminal proceedings abroad (Part Three); c. the transfer of proceedings and punishment of offences (Part Four); d. the execution of foreign criminal judgments (Part Five). 2 … 3 This Act applies only to criminal matters in which recourse to the courts is permitted under the law of the requesting State. 3bis Unless other legislation or international agreements provide otherwise, this Act applies by analogy to proceedings for cooperation in criminal matters with international courts or other inter- or supranational bodies with criminal justice functions if the proceedings relate to: a. offences under the Twelfth Titlebis, Twelfth Titleter or Twelfth Titlequater of the
Para. 1 — Amended by Art. 59 No 1 of the FA of 22 June 2001 on Cooperation with the International Criminal Court, in force since 1 July 2002 (AS 2002 1493; BBl 2001 391). Para. 2 — Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 3bis let. a — SR 311.0 Para. 3bis let. b — Inserted by No I of the FA of 18 Dec. 2020, in force since 1 June 2021 (AS 2021 233; BBl 2019 7413). Para. 3ter let. c — Inserted by No I of the FA of 18 Dec. 2020, in
Art. 1a Limitation of cooperation
In the application of this Act, Swiss sovereignty, security, public order or similar essential interests must be taken into account.
Art. 1a — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Section 2 Inadmissibility of Requests
Art. 2 Foreign proceedings
A request for cooperation in criminal matters shall not be granted if there are reasons to believe that the foreign proceedings: a. do not meet the procedural requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, or the International Covenant on Civil and Political Rights of 16 December 1966; b. are being conducted so as to prosecute or punish a person on account of his political opinions, his belonging to a certain social group, his race, religion, or nationality; c. could result in aggravating the situation of the defendant for any of the reasons mentioned under letter b; or d. have other serious defects.
Art. 2 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). let. a — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). let. a — SR 0.101 let. a — SR 0.103.2 let. b — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 3 Nature of the offence
1 A request shall not be granted if the subject of the proceedings is an act which, in the Swiss view, is of a predominantly political nature, constitutes a violation of the obligation to perform military or similar service, or appears to be directed against the national security or military defence of the requesting State. 2 The plea that an act is of a political nature shall not be taken into account under any circumstances: a. in cases of genocide; b. in cases of crimes against humanity; c. in cases of war crimes; or d. if the act appears particularly reprehensible because the offender, for the purpose of extortion or duress, has endangered or threatened to endanger the life or limb of persons, especially by hijacking aircraft, using means of mass extermination, causing a catastrophe or taking hostages. 3 A request shall not be granted if the subject of the proceedings is an offence which appears to be aimed at reducing fiscal duties or taxes or which violates regulations on currenc
Para. 2 let. d — Amended by No I 4 of the FA of 18 June 2010 on the Amendment of the Federal Legislation in Implementation of the Rome Statute of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863). Para. 3 let. b — SR 313.0. Presently «art. 14 para. 3». Para. 3 let. b — Second paragraph amended by No I 3 of the FA of 3 Oct. 2008 on the Implementation of the Revised Recommendations of the Financial Action Task Force, in force since 1 Feb. 2009 (AS 2009 361
Art. 4 Minor cases
A request shall be rejected if the importance of the offence does not justify conducting proceedings.
Art. 4 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 5 Extinction of the right to prosecute
1 A request shall not be granted if: a. in Switzerland or in the State where the offence was committed, the court 1. has acquitted the defendant or abandoned the proceedings for material reasons, or 2. has permanently or provisionally dispensed with imposing a sentence; b. the sentence was executed or cannot be executed under the laws of the State where sentence was passed; c. its execution requires compulsory measures and the prosecution or execution of the sentence was absolutely time barred under Swiss law. 2 Paragraph 1 letters a and b do not apply if the requesting State claims that there are grounds for a review of the final sentence within the meaning of Article 410 of the Criminal Procedure Code of 5 October 2007 (CrimPC).
Para. 1 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 1 let. a — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 1 let. b — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 1 let. c — The amendment in accordance with Art. 97 ff. of the Swiss Criminal Code (SR 311.0) contains a new system of time limits (AS 2006 3459; BBl
Art. 6 Concurrence of inadmissibility and admissibility of cooperation
1 If the act of which the defendant is accused constitutes an offence under two or more provisions of Swiss criminal law, the request may be granted only in respect of those offences for which there are no reasons for inadmissibility and if there is a guarantee that the requesting State will respect the conditions imposed. 2 Cooperation shall not be permitted if the proceedings concern an act that constitutes an offence under two or more provisions of Swiss or foreign criminal law and if, with regard to one of these offences, which covers the act in all its aspects, a request may not be granted.
Section 3 Special Provisions
Art. 7 Swiss nationals
1 No Swiss national may, without his written consent, be extradited or surrendered to a foreign State for prosecution or for the execution of a sentence. Consent may be withdrawn up to the time when the surrender is ordered. 2 Paragraph 1 does not apply to transit or return of a Swiss national who is temporarily surrendered by a third State to the Swiss authorities.
Art. 8 Reciprocity
1 As a rule, a request shall be granted only if the requesting State guarantees reciprocity. The Federal Office of Justice (FOJ) shall obtain a guarantee of reciprocity if this is considered necessary. 2 Reciprocity is in particular not required for the service of documents or if the execution of a request: a. seems advisable due to the type of offence or to the necessity of combating certain offences; b. is likely to improve the situation of the defendant or the prospects of his social rehabilitation; or c. serves to clarify an offence against a Swiss national. 3 The Federal Council may, within the scope of this Act, provide other States with a guarantee of reciprocity.
Para. 1 — Name in accordance with Annex 1 No 11 of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). This amendment has been made in the provisions specified in the AS. Para. 2 let. b — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 8a Bilateral treaties
The Federal Council may conclude bilateral agreements with foreign States regarding the transfer of sentenced persons provided those agreements respect the principles of the European Convention of 21 March 1983 on the Transfer of Sentenced Persons.
Art. 8a — Inserted by No I of the FA of 21 June 2002, in force since 1 Nov. 2002 (AS 2002 3333; BBl 2001 4687) SR 0.343
Art. 9 Protection of privacy
In the execution of requests, protection of privacy shall be governed by the provisions on the right of witnesses to refuse to testify. Articles 246–248 CrimPC apply by analogy to the search and to the placing under seal of documents.
SR 312.0 Second sentence Amended by Annex 1 No II 13 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Art. 10
Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 11 Legal definitions
1 A defendant under this Act is any person under suspicion, subject to criminal proceedings or on whom a sentence has been imposed. 2 A sentence is any penalty or other measure.
Para. 1 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Chapter 1a Personal Data, File and Process Managem
Inserted by Annex 1 No 7 of the FA of 13 June 2008 on the Federal Police Information Systems, in force since 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).
Art. 11a
1 The FOJ shall run a personal data, file and process management system that may contain sensitive personal data obtained through forms of cooperation governed by this Act. This data may be processed in order to: a. identify whether data on a particular person is being processed; b. process data on processes; c. organise work procedures rationally and efficiently; d. conduct a process check; e. compile statistics. 2 In order to comply with the processing purposes mentioned in paragraph 1, the system shall contain: a. personal details of persons on whom data is being processed; b. data necessary for the localisation and proper administration of the dossier; c. documents on electronically stored processes and entries. 3 The Federal Office of Police and the State Secretariat for Migration and the units of the Federal Intelligence Service responsible for the implementation of the Federal Act of 21 March 1997 on Measures to Safeguard Internal Security shall have online access to the data de
Para. 3 — The name of this administrative unit was amended by Art. 16 para. 2 of the Publications O of 17 Nov. 2004 (AS 2004 4937), in force since 1 Jan. 2015. Para. 3 — SR 120 Para. 3 — Amended by No I 4 of the O of 4 Dec. 2009 on the Amendment of Legislation due to the Establishment of the Federal Intelligence Service, in force since 1 Jan. 2010 (AS 2009 6921).
Chapter 1b Protection of Personal Data
Inserted by No II 4 of the FA of 28 Sept. 2018 on the Implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
Art. 11b Right to information in pending proceedings
1 Where mutual assistance proceedings are pending, the person who is the object of a request for international cooperation in criminal matters shall be allowed access to the personal data related to them and the following information: a. the purpose of and legal basis for the data processing; b. the period that the personal data will be retained or, if this is not possible, the criteria for determining this period; c. the recipients or the categories of recipients; d. the available information on the origin of the personal data; e. the information that they require to be able to assert their rights. 2 The competent authority may refuse to provide the information, limit the information provided or defer provision of the information if there are grounds for doing so under Article 80b paragraph 2 or if: a. it is necessary because of overriding interests of third parties; b. it is necessary because of overriding public interests, in particular relating to the internal or external security
Art. 11c Restriction of the right to information in relation to requests for arrest for the purpose of extradition
1 Any person may request information on whether Switzerland has received a request from a foreign state to make an arrest for the purpose of extradition. This right may be asserted at the FOJ. If the request is made to a different authority, that authority shall forward the request immediately to the FOJ. 2 If a person requests information on whether the FOJ has received a request to make an arrest for the purpose of extradition, the FOJ shall notify the person that no data about them has been unlawfully processed and that the person can request the Federal Data Protection and Information Commissioner (the FDPIC) to enquire as to whether any data on them has been lawfully processed. 3 The FDPIC shall conduct the enquiries; he shall notify the person concerned either that no data about them has been unlawfully processed or that he has opened an investigation under Article 49 of the Data Protection Act of 25 September 2020 in the case of errors in the processing of personal data. 4 If th
Para. 2 — Amended by Annex 1 No II 29 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 3 — SR 235.1 Para. 3 — Amended by Annex 1 No II 29 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 4 — Amended by Annex 1 No II 29 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 11d Right to have personal data corrected or deleted
1 The person who is the object of a request for international cooperation in criminal matters may request that the competent authority correct or delete the personal data relating to them that is being processed in contravention of this Act. 2 Instead of deleting the personal data, the competent authority shall restrict the processing if: a. the data subject disputes the accuracy of the personal data but it cannot be established whether the data is correct or incorrect; b. overriding interests, in particular those set out in Article 80b paragraph 2, so require; or c. deletion may prejudice proceedings on international cooperation in criminal matters or foreign proceedings giving rise to the request for cooperation in criminal matters. 3 The competent authority shall immediately notify the authority that has transmitted, made available or disclosed the personal data about the measures taken in accordance with paragraph 1 or 2. 4 The relevant foreign authority is responsible for checking
Art. 11e Equal treatment
1 The data protection rules that apply to the disclosure of personal data to the competent authorities of States that are linked with Switzerland through one of the Schengen association agreements (the Schengen States) must not be stricter than the rules that apply to the disclosure of personal data to Swiss law enforcement authorities. 2 Specific legislation that provides for stricter data protection rules for the disclosure of personal data to the competent foreign authorities does not apply to disclosure to the competent authorities of the Schengen States.
Art. 11f Disclosure of personal data to a third country or an international body
1 Personal data may not be disclosed to the competent authority of a State that is not linked with Switzerland through one of the Schengen association agreements (a third country) or to an international body if, as a result, the privacy of the data subject would be seriously jeopardised, in particular because of the lack of adequate protection. 2 Adequate protection is guaranteed by: a. the legislation of the third country, provided the European Union has confirmed this in a decision; b. an international agreement; c. specific guarantees. 3 In derogation from paragraph 1, personal data may be disclosed to the competent authority of a third country or to an international body if disclosure is necessary in the case in question: a. to protect the life or physical integrity of the data subject or a third party; b. to prevent an imminent and serious threat to the public security of a Schengen State or of a third country; c. to prevent, detect or prosecute a criminal offence or to execute a
Art. 11g Disclosure of personal data by a Schengen State to a third country or an international body
1 Personal data that are transmitted or made available by a Schengen State may be disclosed to the competent authority of a third country or to an international body if: a. disclosure is required to prevent, detect or prosecute a criminal offence or to execute a criminal judgment; b. the Schengen State that transmitted or made available the personal data has given prior consent to disclosure; and c. the requirements of Article 11f are met. 2 In derogation from paragraph 1 letter b, personal data may be disclosed in an individual case if: a. the prior consent of the Schengen State cannot be obtained in time; and b. disclosure is necessary to prevent an imminent and serious threat to the public security of a Schengen State or of a third country or to protect the essential interests of a Schengen State. 3 The Schengen State shall be notified immediately of any disclosure under paragraph 2.
Art. 11h Procedure for the disclosure of personal data
1 The competent authority shall notify the recipient about the reliability of the personal data disclosed and of the extent to which they are up to date. 2 It shall also disclose any additional information to the recipient that may as far as possible be used to distinguish: a. between the various categories of data subjects; b. between personal data based on facts and personal data based on personal assessments. 3 The obligation to notify the recipient does not apply if the information mentioned in paragraphs 1 and 2 is evident from the personal data themselves or from the circumstances.
Chapter 2 Applicable Law
Art. 12 General
1 Unless this Act specifies otherwise, the federal administrative authorities shall apply, by analogy, the Federal Act of 20 December 1968 on Administrative Procedure, and the cantonal authorities their own procedural rules. Procedural acts are governed by the procedural law in criminal matters. 2 The cantonal and federal provisions on the suspension of time limits do not apply.
Para. 1 — SR 172.021 Para. 2 — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 13 Suspension of limitation periods. Filing a criminal complaint
1 In proceedings under this Act, the following shall be considered to have effect in Switzerland: a. the suspension of a limitation period under the law of the requesting State; b. the filing of a criminal complaint with a foreign authority within the time limit provided for if this is so required under Swiss law. 2 If a criminal complaint is required only under Swiss law, no sentence may be imposed or executed in Switzerland if the victim makes objections.
Art. 13 — The suspension of the effects of the time limitation provisions has been abolished by Art. 97 ff. of the Swiss Criminal Code (SR 311.0) and time limits for execution have been replaced by an extension of the regular time limit (AS 2006 3459; BBl 1999 1979).
Art. 14 Taking account of the period in detention
Article 69 of the Swiss Criminal Code applies when taking account of the period spent on remand or in detention abroad due to proceedings under this Act.
SR 311.0. See now art. 51.
Art. 15 Compensation
1 Articles 429 and 431 CrimPC apply by analogy in proceedings that have been conducted against the defendant under this Act in Switzerland or at the instigation of a Swiss authority abroad. 2 The Confederation shall pay the compensation if a federal authority makes or executes a request. It may require reimbursement from the canton that caused the request to be made. 3 The compensation may be reduced or refused if the defendant has provoked the investigation or the detention through his fault, or has, without reason, obstructed or delayed the proceedings. 4 Compensation for detention pending extradition served in Switzerland may also be reduced or refused if the requesting State: a. withdraws the request for search and arrest with a view to extradition; or b. does not present the request for extradition with the necessary enclosures within the deadline set. 5 The likelihood of the injured party being able to obtain damages in the foreign State must be taken into account when the decisi
Para. 1 — SR 312.0 Para. 1 — Amended by Annex 1 No II 13 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). Para. 3 — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 4 let. b — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 5 — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1)
Chapter 3 Domestic Procedure
Section 1 Authorities and Powers
Art. 16 Cantonal authorities
1 The cantons shall participate in the conduct of extradition proceedings. Unless federal law provides otherwise, they are required to execute the requests for other forms of mutual assistance and the transfer of proceedings and to execute criminal judgments. The cantons shall be subject to the supervision of the Confederation provided this Act applies. 2 …
Para. 2 — Repealed by Annex 1 No II 13 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Art. 17 Federal authorities
1 The Federal Department of Justice and Police (the Department) shall decide on cases under Article 1 letter a. The decision of the Department may be requested within 30 days of receiving written notification of the final ruling. 2 The FOJ shall receive the requests from abroad and file Swiss requests. It shall handle extradition requests and arrange for requests for other assistance, transfer of proceedings and execution of criminal judgments to be examined by the appropriate cantonal or federal authorities if their execution is not obviously inadmissible. 3 It shall decide: a. whether to require a guarantee of reciprocity (Art. 8 para. 1); b. on the appropriate procedure (Art. 19); c. on the admissibility of Swiss requests (Art. 30, para. 1). 4 It may transfer the conduct of proceedings wholly or partly to the federal authority which would be competent to prosecute the offence if it had been committed in Switzerland. 5 It may also decide on the admissibility of assistance and allow i
Para. 1 — Amended by No 1 of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 1 — Sentence inserted by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202). Para. 5 — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 17a Obligation of promptness
1 The competent authority shall execute requests promptly. It shall decide without delay. 2 It shall on request provide the FOJ with information on the status of the proceedings, the reasons for any delay and the measures being considered. If the delay is not justified, the FOJ may take the matter up with the appropriate supervisory authority. 3 When the competent authority, without reason, refuses to or delays in issuing a ruling, its conduct shall be regarded as equivalent to a negative decision subject to appeal.
Art. 17a — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 18 Provisional measures
1 At the express request of another State, provisional measures may be taken by the competent authority to preserve the existing situation, to safeguard threatened legal interests or to protect jeopardised evidence unless the proceedings under this Act clearly appear to be inadmissible or inappropriate. 2 If any delay would jeopardise the proceedings and if there is sufficient information to determine whether all the conditions are met, the FOJ may likewise order provisional measures as soon as a request is announced. Such measures shall be revoked if the foreign State does not make the request within the deadline set. 3 Appeals filed against rulings based on this Article do not have suspensive effect.
Art. 18 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 18a Surveillance of postal and telecommunications traffic
1 In extradition cases, the FOJ may, at the express request of another State order the surveillance of postal and telecommunications traffic in order to establish the whereabouts of the defendant. 2 In other mutual assistance cases, the following authorities may order the surveillance of postal and telecommunications traffic: a. the Office of the Attorney General of Switzerland or of the Cantonal Public Prosecutor; b. the FOJ, if it is executing the request for mutual assistance itself. 3 The surveillance order must be submitted to the following authorities for approval: a. by the federal authorities: the federal compulsory measures court; b. by the cantonal authorities: the cantonal compulsory measures court. 4 The requirements for surveillance and the procedure shall otherwise be governed by Articles 269–279 CrimPC and the Federal Act of 6 October 2000 on the Surveillance of Postal and Telecommunications Traffic.
Art. 18a — Inserted by Annex No 4 of the FA of 6 Oct. 2000 on the Surveillance of Mail and Telecommunication Services (AS 2001 3096; BBl 1998 4241). Amended by Annex 1 No II 13 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). Para. 4 — SR 312.0 Para. 4 — [AS 2001 3096; 2003 2133 annex No 18, 3043 No I 2; 2004 2149, 3693; 2006 2197 annex No 84, 5437 Art. 2 No 3; 2007 921 annex No 3, 5437 annex No II 7; 2010 1881 annex 1 No II 26, 3267 annex
Art. 18b Electronic communications traffic data
1 The federal or cantonal authority dealing with a request for mutual assistance may order the transmission of electronic communications traffic data to another State before conclusion of the mutual assistance proceedings if: a. provisional measures indicate that the communication that is the subject of the request originated abroad; or b. the data was acquired by the executing authority based on an order for authorised real-time surveillance (Art. 269–281 CrimPC). 2 The data may not be used in evidence before the ruling on granting and the extent of mutual assistance is legally binding. 3 Notice of the ruling under paragraph 1 and any order or authorisation for surveillance must be given to the FOJ immediately.
Art. 18b — Inserted by Art. 2 No 2 of the FD of 18 March 2011 (Council of Europe Convention on Cybercrime), in force since 1 Jan. 2012 (AS 2011 6293; BBl 2010 4697). Para. 1 let. b — SR 312.0
Art. 19 Choice of procedure
If the defendant is abroad and if, according to the laws of the State to which the request is to be made, there is a choice between different procedures, preference shall be given to the procedure which appears to ensure the better social rehabilitation.
Art. 20 Suspension of criminal proceedings or of the execution of a penalty
1 At the request of the FOJ, the competent authority may temporarily suspend criminal proceedings or the execution of a sentence against a defendant abroad for another offence if: a. the sentence imposed in Switzerland is not of great importance in comparison to the one likely to be imposed abroad; or b. execution of the sentence in Switzerland does not seem appropriate. 2 On conclusion of the criminal proceedings abroad, the Swiss authority shall decide whether or not to resume the suspended proceedings or the execution of the penalty.
Art. 20a Transit
1 In the interest of proceedings carried out in another State and permitted under this Act, the FOJ may permit transit through Swiss territory and approve the measures required therefor on submission of a request by the State concerned or a third State without hearing the person concerned. There is no right of appeal against the decision and ancillary measures. They shall be notified only to the requesting State. 2 No approval shall be required if the detained person is to be transported by aircraft over Swiss territory without a stopover landing. In the event of an unscheduled stopover landing, the detained person may be kept in custody only if: a. the requirements for his arrest under Article 44 are met; or b. the State arranging for the transport to be made has previously informed the FOJ by indicating the reason for surrender and the offence which is the basis for it. 3 Only the FOJ may interrupt the transit to prosecute an offence or to execute a criminal judgment in Switzerland.
Art. 20a — Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Section 2 Protection of Rights
Art. 21 Common provisions
1 The defendant may appoint a legal adviser. If he chooses not to do so or is not in a position to do so, a legal adviser shall be officially appointed if required to safeguard the interests of the defendant. 2 Other persons who are affected by the mutual assistance measures or who, as injured parties, are present at enquiries, may, if the safeguarding of their interests so requires, be assisted by a legal adviser while mutual assistance measures are being carried out and, provided the object of the investigation is not prejudiced, be represented by him. 3 Persons who are the subject of foreign criminal proceedings may challenge rulings only if they are personally and directly affected by a mutual assistance measure and if they have an interest worthy of legal protection in the measure being revoked or changed. 4 Appeals filed against a decision made in application of this Act shall not have a suspensive effect. This rule does not apply to appeals directed against a decision: a. granti
Para. 3 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 4 let. b — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 22 Notice regarding appellate remedies
Rulings and decisions issued by federal and cantonal authorities must give notice of the possible appellate remedies, the appellate authority and the deadline for filing an appeal.
Art. 22 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 23
Repealed by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, with effect from 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
Art. 24
Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 25 Appeal
1 First instance rulings by cantonal and federal authorities are subject to an appeal directly to the Appeals Chamber of the Federal Criminal Court unless this Act stipulates otherwise. 2 An appeal against a Swiss request to another State is only admissible if that State is requested to assume responsibility for the criminal proceedings or the execution of a criminal judgment. In this case, only defendants who are habitually resident in Switzerland are entitled to appeal. 2bis An appeal against a Swiss request for transferring responsibility for the execution of a criminal judgment in connection with a transfer under Article 101 paragraph 2 is admissible. 3 The FOJ may appeal against rulings by cantonal authorities as well as against decisions by the Federal Criminal Court. The cantonal authority is entitled to appeal against the decision of the FOJ not to make a request. 4 An appeal may also be filed against the inadmissible or obviously improper application of foreign law. 5 … 6 The
Art. 25 — Amended by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202). Para. 1 — Amended by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202). Para. 2 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Para. 2bis — Inserted by Art. 2 of the FD of 19 Dec. 2003, in force since 1 Oct. 2
Art. 26 Administrative appeal
Rulings made by the Department under Article 17 paragraph 1 shall be subject to appeal to the Federal Council. …
Art. 26 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Sentence repealed by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, with effect from 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
Chapter 4 International Procedure
Art. 27 General rules for requests
1 Articles 27 to 31 apply to all procedures under this Act subject to the special rules of procedure provided for in the other parts of this Act. 2 Foreign requests shall be addressed directly to the FOJ. 3 Requests which are addressed to an inappropriate authority shall be forwarded ex officio. The requesting authority shall be duly notified. 4 Requests in connection with an arrest shall be dealt with without delay. 5 The non-acceptance or refusal of a request must be substantiated.
Para. 1 — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 28 Form and content of requests
1 Requests shall be made in writing. 2 The following information must be provided in a request: a. the office issuing the request and, if applicable, the authority having criminal jurisdiction; b. the subject matter of and the reason for the request; c. the legal term for the offence; d. details that are as exact and complete as possible on the person who is the subject of the criminal proceedings. 3 To permit the legal assessment of the offence, the following shall be added: a. a summary of the relevant allegations, except in the case of requests for service; b. the wording of the regulations applicable at the place where the offence was committed, except for requests for assistance in accordance with Part Three of this Act. 4 Foreign official records need not be legalised. 5 Foreign requests and their enclosures shall be submitted in German, French or Italian or be accompanied by a translation into one of these languages. Translations must be officially certified. 6 If a request does
Para. 3 let. b — Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Art. 29 Transmission
1 The FOJ may receive requests directly from the ministry of justice of the requesting State. 2 When provisional measures must be taken or in urgent cases, the intervention of the International Criminal Police organisation (ICPO Interpol) may be enlisted or a copy of the written request may be sent directly to the authority competent for its execution.
Art. 30 Swiss requests
1 Swiss authorities may not address to another State requests which they themselves could not grant under this Act. 2 The FOJ is competent for requests for extradition, transfer of proceedings or execution of criminal judgments; it shall take action at the request of the requesting Swiss authority. 3 Conditions which the requested State attaches to the execution of the request must be observed by the Swiss authorities. 4 The FOJ may decline to make a request if the importance of the offence does not justify the proceedings. 5 The FOJ shall inform the requesting Swiss authority immediately if the requested State requires a court order for a requested mutual assistance measure.
Para. 2 — Amended by Annex 1 No 11 of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 5 — Inserted by Annex 1 No 11 of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Art. 31 Costs
1 As a rule, foreign requests shall be executed free of charge. 2 The Federal Council shall determine the conditions under which the requesting State may be charged full or partial costs. 3 The costs of a Swiss request that are reimbursed to another State shall be charged to the proceedings that caused the request to be made. 4 The Federal Council shall regulate the sharing of costs between the Confederation and the cantons.