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 Enforcement by Switzerland
Art. 94 Principle
1 Final and enforceable criminal judgments from another State may be enforced at that State's request if: a. the convicted person is habitually resident in Switzerland or has to face charges here for a serious offence; b. the subject of the conviction is an offence committed abroad which, if committed in Switzerland, would be punishable here; and c. enforcement in Switzerland seems to be appropriate for one of the reasons specified in Article 85 paragraphs 1 and 2 or likely to be barred in the requesting State. 2 Sentences imposed abroad shall be executed provided they do not exceed the maximum penalty provided by Swiss law for a corresponding offence. Sentences that remain below the minimum penalty according to Swiss law may be executed. 3 … 4 Fines as well as costs arising from proceedings under Article 63 may also be enforced if the convicted person is habitually resident abroad but has assets at his disposal in Switzerland and if the requesting State grants reciprocity.
Para. 3 — Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).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. 95 Inadmissibility of the enforcement order
1 The order permitting enforcement (exequatur) may not be issued if: a. the conviction took place at a time when, under Swiss law, the prosecution would have been time barred; b. the sentence would have been time barred under Swiss law if a Swiss authority had imposed it at the same time; or c. the offence is also subject to Swiss jurisdiction and no sentence could be imposed under Swiss law for other reasons. 2 Decisions on costs shall be declared enforceable only if the costs are to be paid to the State.
Para. 1 let. a — The amendment in accordance with Art. 97 ff. of the Swiss Criminal Code (SR 311.0) contains a limitation system (AS 2006 3459; BBl 1999 1979).
Art. 96 Refusal to enforce
The court shall refuse to enforce in whole or in part if: a. the convicted person has incurred a sentence involving deprivation of liberty in Switzerland for other offences and enforcement as requested would result in an obviously more severe punishment than if the offences taken as a whole were judged in Switzerland; or b. the execution of any of the accessory criminal measures in Switzerland is not permitted, or c. it is of the opinion that the convicted person has good reason to oppose the enforcement of a judgment or penalty order that was issued in his absence and which is no longer subject to a right of objection or appeal under the law of the requesting State.
Art. 97 Binding force of the findings in fact
In assessing criminal liability and the possibility of prosecution under Swiss law, the court shall be bound to the findings in fact on which the decision relies. If they do not suffice, the gathering of evidence may be ordered.
Art. 98 Effects of enforcement
If Switzerland assumes responsibility for enforcement, no criminal proceedings against the convicted person for the same offence may be instituted or continued here.
Art. 99 Use of Swiss institutions by foreign States
1 If the conditions of Article 94 paragraph 1 are not met, sentences involving restriction of liberty that have been imposed on a non-Swiss national in another State may be enforced in Switzerland under Swiss law if the other State cannot execute them itself. 2 In this case, the final and enforceable foreign decision shall constitute the legal basis for the restriction of the convicted person’s liberty. 3 If persons are surrendered to Switzerland in accordance with paragraph 1, then unless arrangements to the contrary have been made with the competent authorities of the surrendering State, they may neither be prosecuted nor punished nor extradited to a third State by the Swiss authorities for offences that they committed before their surrender and that were not the subject of their conviction. These effects shall expire ten days after release on parole or final release from the institution. 4 The Federal Council shall regulate the details.
Section 2 Transfer to a Foreign State
Art. 100 Principle
Another State may be requested to enforce a Swiss criminal judgment if: a. it is certain to accept the binding force of the judgment in accordance with Article 97; and b. the transfer of enforcement is likely to improve the prospects of the social rehabilitation of the convicted person or if Switzerland cannot obtain his extradition.
Art. 101 Conditions for transfer
1 The convicted person who is detained in Switzerland may only be transferred with a view to enforcement of the judgment under Article 100 if he agrees and if the requested State is expected to accept the conditions set by the FOJ. 2 The convicted person may be transferred without his consent if an international agreement ratified by Switzerland so provides. In this case the conditions and effects of the transfer are regulated exclusively by the said international agreement.
Para. 2 — Inserted by art. 2 of the FD of 19 Dec. 2003, in force since 1 Oct. 2004 (AS 2004 4161 4162; BBl 2002 4340).
Art. 102 Effects of transfer
1 If another State enforces the criminal judgment, the Swiss authority shall abandon enforcement provided the requested State has not given notice that it will not conclude it. 2 The convicted person may be taken into custody so as to ensure his transfer. 3 Article 89 paragraphs 2 and 3 apply by analogy.
Chapter 2 Procedure
Section 1 Request
Art. 103 Documents
In addition to the documents specified in Article 28 paragraph 3, the following shall be enclosed with a request: a. the original or an officially authenticated copy of the judgment with a certificate attesting that it is legally enforceable; b. a certificate attesting the period of detention undergone in the requesting State; c. if the requested State so requests, the original or officially authenticated copy of the criminal file.
Art. 104 Decision on the request
1 After consulting with the authority which will execute the request, the FOJ shall decide whether to accept the foreign request. If it accepts, it shall convey the file and its opinion to the executing authority and inform the requesting State. Article 91 paragraph 4 applies by analogy. 2 If there is Swiss jurisdiction and if a sentence which is more severe than the one provided by Swiss law was imposed abroad, the prosecution may be taken over instead of the enforcement of the judgment if the requesting State so requests.
Section 2 Procedure of Exequatur
Art. 105 Competent judge
The competent court under Article 32 CrimPC shall inform the convicted person of the applicable procedure, hear him on the matter, as well as his counsel, and decide on enforcement.
Art. 105 — 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
Art. 106 Declaration of exequatur
1 The court shall examine ex officio whether the conditions for enforcement are met and gather the necessary evidence. 2 If the conditions are met, the court shall declare that the decision may be enforced and take the measures necessary for enforcement. 3 The decision shall be made in the form of a judgment containing a statement of the rationale therefor. Cantonal law shall provide for an appeal.
Section 3 Enforcement
Art. 107 Execution of the sentence
1 The sentence determined by the court shall be executed in accordance with Swiss law. 2 Execution shall be discontinued if the decision is no longer enforceable in the requesting State. 3 If enforcement relates solely to a decision on costs, the amounts collected after deduction of the costs incurred shall be transferred to the requesting State if it guarantees reciprocity.
Art. 108 Costs
In addition to the costs for the execution of the sentence, the costs of exequatur proceedings and other enforcement measures shall also be regarded as costs in accordance with Article 31.