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 Conditions
Section 1 Prosecution in Switzerland on behalf of
Art. 85 Principle
1 At the request of the State in which the offence was committed, Switzerland may prosecute on its behalf an offence committed abroad if: a. extradition is not permitted; b. the defendant has to face charges in Switzerland for other more serious offences; and c. it is guaranteed that the requesting State will not prosecute him for the same offence after acquittal or completing a sentence in Switzerland. 2 A foreign national who is habitually resident in Switzerland may also be prosecuted in Switzerland if his extradition cannot be justified and prosecution in Switzerland seems appropriate with regard to his personal situation and social rehabilitation. 3 These provisions do not apply if the offence is subject to Swiss jurisdiction on the basis of another provision.
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).
Art. 86 Applicable law
1 The offence shall be judged according to Swiss law as if it had been committed in Switzerland. 2 The foreign law applies if it is more lenient. The court may impose only the sentences provided for by Swiss law. 3 Proceedings in the absence of the defendant are not permitted.
Art. 87 Jurisdiction
If Swiss jurisdiction is not yet established, it shall be determined in accordance with Article 32 CrimPC.
Art. 87 — 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). SR 312.0
Section 2 Transfer to Foreign States
Art. 88 Conditions
Another State may be requested to prosecute an offence subject to Swiss jurisdiction if its laws allow the prosecution and judicial punishment of the offence and if: a. the defendant is present there and his extradition to Switzerland is inappropriate or not permitted; or b. he is extradited to this State and the transfer of the prosecution offers the prospect of better social rehabilitation.
Art. 88 — 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. 89 Effects
1 If another State prosecutes the offence, the Swiss authorities may not take further measures against the defendant for the same offence: a. unless the requested State has given notice that it is not in a position to conclude the prosecution; or b. if, according to the decision made in the requested State, the conditions of Article 5 letter a or b are met. 2 The effect of the time limitation provisions under Swiss law is suspended provided the proceedings including enforcement of the sentence are ongoing in the requested State. 3 If the defendant was extradited to the requested State for other offences, this State need not observe the conditions of extradition in accordance with Article 38 provided it grants the request for prosecution.
Para. 2 — 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).
Chapter 2 Procedure
Art. 90 Documents
In addition to the documents specified in Article 28 paragraph 3, the record of criminal proceedings as well as any evidentiary productions must be enclosed with the request.
Art. 91 Decision on the request
1 The FOJ shall decide on whether to accept the foreign request after consulting the prosecuting authorities. 2 If it accepts the request, it shall transmit the file to the prosecuting authority and notify the requesting State and the person concerned. 3 The decision does not create an obligation to institute criminal proceedings. 4 The FOJ may refuse to assume responsibility for the prosecution if there is good cause not to do so or if the seriousness of the offence does not justify it.
Art. 92 Foreign investigative measures
Any investigative measure carried out by the authorities of the requesting State under its law shall be considered equivalent to a corresponding Swiss investigative measure.
Art. 93 Costs
1 The costs of the proceedings set by the requesting State shall be added to the costs of the proceedings in Switzerland and collected. They are not refunded to the requesting State. 2 The cantons shall have a right of disposal over any fines paid and, subject to the provisions of the Federal Act of 19 March 2004 on the Division of Forfeited Assets, over forfeited objects. 3 The requested State shall be notified of the costs of the proceedings incurred in Switzerland if the requested State takes over the prosecution. Their reimbursement shall not be requested.
Para. 2 — SR 312.4 Para. 2 — Amended by Annex No 2 of the FA of 19 March 2004 on the Division of Forfeited Assets, in force since 1 August 2004 (AS 2004 3503; BBl 2002 441).