The Federal Assembly of the Swiss Confederation, based on Articles 54 paragraph 1, 123 paragraph 1 and 173 paragraph 2 of the Federal Constitution1,2 decrees: 2 Amended by No I of the FA of 18 Dec. 2020, in force since 1 June 2021 (AS 2021 233; BBl 2019 7413). 351.1 |
Part One General Provisions |
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:4
2 …5 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:
3ter The Federal Council may also stipulate in an ordinance that this Act applies by analogy to procedures for cooperation on criminal matters with other international courts or other inter- or supranational bodies with criminal justice functions if:
4 This Act confers no right to cooperation in criminal matters.9 4 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2001 on Cooperation with the International Criminal Court, in force since 1 July 2002 (AS 2002 1493; BBl 2001 391). 5 Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 7 Inserted by No I of the FA of 18 Dec. 2020, in force since 1 June 2021 (AS 2021 233; BBl 2019 7413). 8 Inserted by No I of the FA of 18 Dec. 2020, in force since 1 June 2021 (AS 2021 233; BBl 2019 7413). 9 Amended by No I of the FA of 18 Dec. 2020, in force since 1 June 2021 (AS 2021 233; BBl 2019 7413). |
Art. 1a Limitation of cooperation 10
In the application of this Act, Swiss sovereignty, security, public order or similar essential interests must be taken into account. 10 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 11
A request for cooperation in criminal matters shall not be granted if there are reasons to believe that the foreign proceedings:
11 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 12 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 15 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:
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 currency, trade or economic measures. However, a request may be granted:
16Amended 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). 17 SR 313.0. Presently «art. 14 para. 3». 18 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 361367; BBl 2007 6269) |
Art. 4 Minor cases 19
A request shall be rejected if the importance of the offence does not justify conducting proceedings. 19 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:20
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 200724 (CrimPC).25 20 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 21 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 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). 23 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 1999 1979). 25Amended 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. 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)26 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:
3 The Federal Council may, within the scope of this Act, provide other States with a guarantee of reciprocity. 26 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. 27 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 28
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 198329 on the Transfer of Sentenced Persons. 28 Inserted by No I of the FA of 21 June 2002, in force since 1 Nov. 2002 (AS 2002 3333; BBl 2001 4687) |
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 CrimPC30 apply by analogy to the search and to the placing under seal of documents.31 31 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. 1032
32 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.33 2 A sentence is any penalty or other measure. 33 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Chapter 1a Personal Data, File and Process Management System34
34 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:
2 In order to comply with the processing purposes mentioned in paragraph 1, the system shall contain:
3 The Federal Office of Police and the State Secretariat for Migration35 and the units of the Federal Intelligence Service responsible for the implementation of the Federal Act of 21 March 199736 on Measures to Safeguard Internal Security shall have online access to the data defined in paragraph 2 letter a.37 If the Federal Office of Police carries out the tasks of the FOJ under this Act, it shall also have online access to the data defined in paragraph 2 letter b. 4 The Federal Council shall specify the details, and in particular:
35 The name of this administrative unit was amended by Art. 16 para. 2 of the Publications O of 17 Nov. 2004 (AS 20044937), in force since 1 Jan. 2015. 37 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 Data38
38 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:
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:
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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.39 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 202040 in the case of errors in the processing of personal data.41 4 If the FDPIC identifies errors in the data processing, he shall order the FOJ to rectify the same.42 5 The notifications under paragraphs 2 and 3 shall always be worded in the same way and shall not mention the grounds. 6 The notification under paragraph 3 may not be contested. 7 In derogation from paragraph 2, the FOJ is entitled to provide the person concerned with the requested information if the requesting state gives its advance consent. 39 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). 41 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). 42 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:
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 the accuracy of personal data that has been obtained as evidence or personal data relating to criminal offences giving rise to the request for international cooperation in criminal matters. |
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:
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:
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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:
2 In derogation from paragraph 1 letter b, personal data may be disclosed in an individual case if:
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:
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 196843 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.44 44 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 13 Suspension of limitation periods . Filing a criminal complaint 45
1 In proceedings under this Act, the following shall be considered to have effect in Switzerland:
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. 45 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 20063459; BBl 19991979). |
Art. 15 Compensation
1 Articles 429 and 431 CrimPC47 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.48 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.49 4 Compensation for detention pending extradition served in Switzerland may also be reduced or refused if the requesting State:
5 The likelihood of the injured party being able to obtain damages in the foreign State must be taken into account when the decision is made to reduce or refuse the compensation.51 48 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). 49 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 50 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 51 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; 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 …52 52 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.53 The decision of the Department may be requested within 30 days of receiving written notification of the final ruling.54 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:
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 its execution in accordance with Article 79 letter a.55 53 Amended by No 1 of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 54 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). 55 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 17a Obligation of promptness 56
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. 56 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 18 Provisional measures 57
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. 57 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 18a Surveillance of postal and telecommunications traffic 58
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:
3 The surveillance order must be submitted to the following authorities for approval:
4 The requirements for surveillance and the procedure shall otherwise be governed by Articles 269–279 CrimPC59 and the Federal Act of 6 October 200060 on the Surveillance of Postal and Telecommunications Traffic. 58 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). 60 [AS 2001 3096; 2003 2133annex No 18, 3043No I 2; 2004 2149, 3693; 2006 2197annex No 84, 5437Art. 2 No 3; 2007 921annex No 3, 5437annex No II 7; 2010 1881annex 1 No II 26, 3267annex II 14; 2012 3745annex No 7; 2017 4095annex No II 12.AS 2018 117]. See now the FA of 18 March 2016 (SR 780.1). |
Art. 18b Electronic communications traffic data 61
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:
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. 61 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). |
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:
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 63
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:
3 Only the FOJ may interrupt the transit to prosecute an offence or to execute a criminal judgment in Switzerland. 63 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; 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.64 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:
64 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 65 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 22 Notice regarding appellate remedies 66
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. 66 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 2367
67 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. 2468
68 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 69
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.70 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.71 2bisAn 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.72 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.73 4 An appeal may also be filed against the inadmissible or obviously improper application of foreign law. 5 …74 6 The Appeals Chamber of the Federal Criminal Court is not bound by the applications made by the parties.75 69 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). 70 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). 71 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 72 Inserted by Art. 2 of the FD of 19 Dec. 2003, in force since 1 Oct. 2004 (AS 2004 41614162; BBl 2002 4340) 73 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). 74 Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 75 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). |
Art. 26 Administrative appeal 76
Rulings made by the Department under Article 17 paragraph 1 shall be subject to appeal to the Federal Council. …77 76 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995III 1). 77 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.78 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. 78 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; 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:
3 To permit the legal assessment of the offence, the following shall be added:
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 not meet the formal requirements, its correction or completion may be demanded; the ordering of provisional measures is not affected thereby. 79 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; 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.80 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.81 80 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). 81 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. |
Part Two Extradition |
Chapter 1 Conditions |
Art. 32 Foreign nationals
Foreign nationals may be surrendered to another State for prosecution or enforcement of a sentence involving deprivation of liberty for acts which come under its criminal jurisdiction if that State requests extradition or if it accepts the Swiss request to prosecute the offence or enforce the judgment. |
Art. 33 Persons under 20 years of age
1 Children and juveniles as defined in the Swiss Criminal Code82 whose extradition is requested shall, if possible, be repatriated by the juvenile authorities. The same applies to persons between the ages of 18 and 20 if extradition could endanger their mental development or social rehabilitation. 2 Repatriation shall have the effects of an extradition. |
Art. 3483
83 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. 35 Extraditable offences
1 Extradition is permitted if, according to the documents supporting the request, the offence:
2 In determining whether an act is an offence under Swiss law, the following are not considered:
86 Amended by No I 4 of the FA of 18 June 2010 on the Amendment of the Federal Act in Implementation of the Rome Statute of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863). |
Art. 36 Special cases
1 As an exception, the defendant may be extradited for an offence which comes under Swiss jurisdiction if special circumstances, especially the possibility of better social rehabilitation, justify it. 2 If one of two or more offences is extraditable (Art. 35 para. 1), extradition may be granted for all offences. |
Art. 37 Denial
1 Extradition may be denied if Switzerland can assume responsibility for the prosecution of the offence or the execution of the foreign criminal judgment and if this appears to be appropriate with regard to the social rehabilitation of the defendant. 2 Extradition shall be denied if the request is based on a verdict issued in the absence of the defendant and if the minimum rights of the defence to which a defendant is recognised to be entitled were not respected in the proceedings preceding the verdict; this rule does not apply if the requesting State gives sufficient assurances to guarantee the defendant the right to new court proceedings where the rights of the defence are respected.87 3 Extradition shall also be denied if the requesting State fails to guarantee that the defendant will not be sentenced to death, that an already pronounced death penalty will not be carried out, or that he will not be subjected to treatment that will impair his physical integrity.88 87 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 88 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 38 Conditions
1 The defendant may be extradited only on condition that the requesting State:
2 The conditions of paragraph 1 letters a and b no longer apply if:
89 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 90 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 91 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 40 Requests by more than one State
1 If two or more States request extradition for the same offence, extradition shall be granted as a rule to the State where the offence was committed or principally perpetrated. 2 If extradition is requested by more than one State for different offences, the decision shall be made having due regard to all circumstances, especially the seriousness of the offences, the place of commission, the chronological order in which the requests were received, the nationality of the defendant, the better prospect of social rehabilitation and the possibility of extradition to another State. |
Chapter 2 Procedure |
Section 2 Provisional Measures |
Art. 44 Arrest
Foreign nationals may be arrested with a view to extradition on the basis of a request by an Interpol National Central Bureau or the Ministry of Justice of another State or on the basis of an international alert in a police search system.92 Article 52 paragraphs 1 and 2 apply by analogy. 92 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 45 Seizure of objects
1 At the time of arrest, objects and assets which can serve as evidence in foreign criminal proceedings or which originate from an offence shall be seized. 2 The cantonal authorities may, if necessary, order that the arrested person or the rooms be searched. |
Section 3 Detention awaiting Extradition and Seizure |
Art. 47 Arrest warrant and other rulings
1 The FOJ shall issue an arrest warrant with a view to extradition. It may decline to do so, especially if the defendant:
2 If the defendant is unfit to remain in detention or if there are other valid reasons, the FOJ may order measures other than detention to ensure his presence. 3 At the same time the FOJ shall rule on which objects and assets will remain seized or must be seized. |
Art. 48 Content
1 Rulings under Article 47 shall contain:
2 An appeal against these rulings may be filed with the Appeals Chamber of the Federal Criminal Court within ten days of the serving of the written arrest warrant with a view to extradition. Articles 379–397 CrimPC93 apply by analogy to the appeal procedure.94 94 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. 49 Execution
1 The execution of rulings under Article 47 is a matter for the cantonal authorities. 2 The arrest warrant with a view to extradition may not be executed while the defendant is held in detention awaiting trial or is serving a sentence.95 3 The defendant may neither be released nor deported from Switzerland without the consent of the FOJ. 95 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 50 Release from detention
1 The FOJ shall order the release of the person concerned from detention 18 days after arrest if the request for extradition and the documents supporting it have not been received.96 This period may be extended for special cause by up to 40 days. 2 If the defendant is already detained, the period shall start when he is detained with a view to extradition. 3 By way of exception, the person concerned may be released from detention with a view to extradition at any stage of the proceedings if this is appropriate in the circumstances. The defendant may lodge a petition for release at any time. 4 In addition, Articles 238–240 CrimPC97 apply by analogy to release from detention.98 96 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 98 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. 51 Continuation and renewal of detention
1 If the request and its enclosures are received in time and if extradition is not obviously inadmissible, detention shall continue throughout the proceedings without special ruling. 2 If the defendant has been released, detention with a view to extradition may be ordered again. |
Section 4 Preparation of the Extradition Decision |
Art. 52 Right to be heard
1 The request and the documents supporting it shall be submitted to the defendant and to his legal adviser. When formally presenting the defendant with the arrest warrant with a view to extradition, the cantonal authority shall ascertain if the defendant is identical with the person mentioned in the request. It shall explain to him the conditions of extradition and of simplified extradition and advise him of the right to appeal, to appoint a legal adviser or to have a legal adviser officially appointed.99 2 The defendant shall be questioned briefly about his personal circumstances, and especially his nationality and relationship with the requesting State, and asked if and for what reasons he raises objections to the arrest warrant or his extradition. His legal adviser may assist in this hearing. 3 If the extradited person is to be prosecuted for other offences or re-extradited to a third State, the FOJ shall arrange for him to be questioned on the record in accordance with paragraph 2 by a judicial authority of the requesting State. 99 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 53 Alibi evidence
1 If the defendant claims to be able to prove that he was not at the scene of the offence when it was committed, the FOJ shall make the necessary investigations. 2 Extradition shall be denied in clear cases. In other cases, the exculpatory evidence shall be submitted to the requesting State which shall be asked to declare within a short time whether it wishes to continue with its request. |
Art. 54 Simplified extradition 100
1 If the defendant places on the record before a judicial authority that he waives the requirement of extradition proceedings, the FOJ shall order his surrender unless there are special considerations prohibiting it. 2 This waiver may be revoked provided the FOJ has not ordered the surrender. 3 Simplified extradition shall have the effect of extradition and is subject to the same conditions. The requesting State shall be given notice thereof. 100 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Section 5 Decision on Extradition |
Art. 55 Competence
1 After setting the defendant and the third party objecting to the handing over of objects an appropriate deadline for stating their position, the FOJ shall rule on the extradition of the defendant and the handing over of objects and assets seized.101 2 If the defendant claims that he is being charged with a political offence or if the investigation reveals serious grounds to believe that the offence is of a political nature, the Appeals Chamber of the Federal Criminal Court shall decide the case.102 The FOJ shall send the file to this Court, together with its proposal. The defendant shall be given the opportunity to state his position. 3 The procedure for an appeal under Article 25 applies by analogy.103 101 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 102 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). 103 Amended by Annex No 30 of the Federal Act of 17 June 2005 on the Federal Administrative Court, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202). |
Art. 55a Coordination with asylum proceedings 104
If the defendant has applied for asylum under the Asylum Act of 26 June 1998105, the FOJ and the appellate authority shall consult the files from the asylum proceedings when deciding on extradition. 104 Inserted by No I 3 of the FA of 1 Oct. 2010 on the Coordination of Asylum and Extradition Procedures, in force since 1 April 2011 (AS 2011 925; BBl 2010 1467). |
Section 6 Execution |
Art. 56 Executability
1 Extradition may be executed if the defendant:
2 If extradition is refused, the FOJ shall release the person concerned from detention with a view to extradition. |
Art. 58 Postponement. Provisional surrender
1 Extradition may be postponed provided the person to be extradited is being prosecuted in Switzerland for other offences or if he has to serve a sentence involving deprivation of liberty. 2 However, provisional surrender of the defendant may be granted if:
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Art. 59 Handing over of objects and assets 106
1 If the conditions set for the extradition are met, objects and assets shall also be handed over which:
2 If an authority, or a third party with rights acquired in good faith, or the victim who lives in Switzerland asserts rights over the objects or assets which can serve as evidence, their handing over shall be subject to the condition that the requesting State guarantees their return without costs after the conclusion of its proceedings. 3 The objects or assets which derive from the offence include:
4 The objects or assets which derive from the offence may be retained in Switzerland if:
5 Objects or assets mentioned in the first paragraph and which are required for pending criminal proceedings in Switzerland may also be retained in Switzerland. 6 If a person entitled to the objects or assets makes a claim under paragraph 4, the objects or assets shall not be handed over until the legal position has been clarified. Objects or assets in dispute shall be returned to the person entitled only if:
7 The handing over of objects and assets is not dependent on the execution of the extradition of the defendant. 8 Objects and assets in accordance with paragraph 1 letter b to which Switzerland is entitled according to an asset-sharing agreement based on the Federal Act of 19 March 2004107 on the Division of Forfeited Assets are not handed over.108 106 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 108 Inserted 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). |
Art. 60 Fiscal lien
1 If objects or assets are handed over and their return is waived, the customs lien or any other real liability under Swiss customs or tax law shall not be claimed if the owner who suffered loss as a result of the offence does not personally owe the duty or tax. 2 The waiver of such a fiscal lien may be made dependent on reciprocity. |
Art. 61 Time limit for taking over
If the requesting State does not take the necessary steps to take over the person to be extradited within ten days of notification of the execution order, he shall be released. This time limit may be extended up to 30 days in response to a justified request from the requesting State. |
Art. 62 Costs
1 In the event of extradition to a foreign country, the Swiss Confederation shall pay the costs of detention and transportation provided that it is customary in international relations for the requested State to pay such costs. 2 The personal property of the defendant may be used to cover the costs provided it does not have to be handed over to the requesting State. |
Part Three Other Mutual Assistance |
Chapter 1 Requirements |
Section 1 General |
Art. 63 Principle
1 Mutual assistance within the meaning of Part Three of this Act shall comprise the transmission of information, as well as procedural acts and other official acts permitted under Swiss law provided these acts appear to be necessary for proceedings carried out abroad in criminal matters or serve to retrieve the proceeds of the offence.109 2 Mutual assistance measures shall include in particular:
3 The following shall, in particular, be considered proceedings carried out in criminal matters:
4 Assistance may also be granted to the European Court of Human Rights and to the European Commission on Human Rights in proceedings regarding the safeguarding of human rights and fundamental freedoms. 5 Assistance which will exonerate a defendant is permitted even if the request is inadmissible under Articles 3–5. 109 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 110 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 111 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 64 Compulsory measures
1 Measures under Article 63 which require the use of procedural compulsion may be ordered only if the description of the circumstances of the case indicates that the offence being prosecuted abroad contains the objective elements of an offence under Swiss law. The measures must be carried out in accordance with Swiss law. 2 If the offence prosecuted abroad is not an offence in Switzerland, measures under Article 63 which require the use of procedural compulsion shall be allowed for:
112 Amended by Annex No 16 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001). 113 Amended by Annex No 4 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 19991979). |
Art. 65 Application of foreign law 114
1 At the express request of the foreign State:
2 Forms for obtaining and affirming evidence according to paragraph 1 must be compatible with Swiss law, and no essential prejudice may result therefrom to the persons involved. 3 A person may also refuse to testify provided the law of the requesting State so provides or if the fact of testifying may cause criminal or disciplinary sanctions to be imposed under the laws of that State or of the State where the examined person lives. 114 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 65a Presence of persons participating in proceedings abroad 115
1 When the requesting State, based on its law, so requests, persons who are participating in proceedings abroad may be authorised to attend mutual assistance proceedings and to have access to the files. 2 Their presence may also be permitted if it substantially helps to facilitate the execution of the request or the foreign criminal proceedings. 3 Their presence may not lead to their obtaining access to information within the scope of secrecy before the appropriate authority has decided whether, and to what extent, assistance may be granted. 115 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 66 Principle of « Ne bis in idem»116
1 Assistance may be denied if the defendant resides in Switzerland and proceedings are already pending here regarding the offence to which the request relates. 2 However, assistance may be granted if the proceedings carried out abroad are not directed solely against the defendant who is residing in Switzerland, or if the execution of the request serves to exonerate him.117 116Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 117 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 67 Principle of speciality 118
1 Information and documents obtained through mutual assistance may not be used for investigative purposes or as evidence in the requesting State in any proceedings relating to an offence for which assistance is not admissible. 2 Any further use shall be subject to approval by the FOJ. This approval is not necessary if:
3 Presence at the mutual assistance proceedings and access to the files shall be permitted under the same conditions (Art. 65a para.1). 118 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 67a Spontaneous transmission of information and evidence 119
1 An authority prosecuting offences may, without being requested to do so, transmit to a foreign authority prosecuting offences information or evidence that it has gathered in the course of its own investigation, when it determines that this transmission may:
2 The transmission as defined in paragraph 1 does not have any effect on the criminal proceedings pending in Switzerland. 3 The transmission of evidence to a State with which Switzerland does not have an international agreement shall be subject to authorisation by the FOJ. 4 Paragraphs 1 and 2 do not apply to evidence that is subject to the rules on secrecy. 5 Information that is subject to the rules on secrecy may be transmitted if it may enable the foreign State to present a request for mutual assistance. 6 A record shall be made of each spontaneous transmission. 119 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Section 2 Specific Mutual Assistance Measures |
Art. 68 Service of
documents. General provisions 1 Where a Swiss authority is requested to serve documents, service may be effected by personal or postal delivery to the recipient. 2 The Federal Council may permit the direct service of documents from abroad to the recipient in Switzerland. It shall determine the conditions for such service. 3 Service is presumed to be effected if acceptance or refusal to accept has been confirmed in writing. |
Art. 69 Service of
summonses. Safe conduct 1 There is no obligation to comply for any person who accepts a summons to appear before a foreign authority. 2 Summonses containing threats of compulsion shall not be served. 3 Service of a summons may be made subject to the condition that the recipient is guaranteed safe conduct for an appropriate period of time and will not be prevented from freely leaving the territory of the requesting State. If the recipient so requires, the authority effecting service shall ask the requesting State to give a written assurance thereof before proof of service is furnished. |
Art. 70 Transfer of arrested persons
1 Persons held in custody in Switzerland may be transferred to a foreign authority for the purpose of investigations if they are guaranteed safe conduct and if it is guaranteed that they will be kept in custody and returned to Switzerland on request. 2 Persons who are not indicted abroad and Swiss citizens may be transferred only with their written consent. This is not necessary if the transfer is required for the execution of a Swiss request or for confrontation with other persons abroad. |
Art. 71120
120 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. 72 Maintaining of custody
1 If a detained person is surrendered to the Swiss authorities in the course of an act of assistance, the warrant for his arrest issued abroad shall also be valid in Switzerland for the period of his stay in Switzerland. 2 During transit the defendant shall be kept in custody by virtue of the order for transit given by the FOJ. 3 In those cases the detained person may be released only with the agreement of the competent foreign authority. |
Art. 73 Safe conduct in Switzerland
1 A person habitually resident abroad and who appears in Switzerland in a criminal case pursuant to a summons may neither be prosecuted nor restricted in his personal freedom for reasons that occurred prior to his entry into Switzerland. 2 The defendant shall enjoy no safe conduct regarding the offences specified in the summons. 3 The safe conduct provided for in paragraph 1 shall cease when this person leaves Switzerland but at the latest three days after he is permitted to leave by the summoning authorities. |
Art. 74 Handing over of evidence 121
1 On request, objects, documents or assets seized as evidence as well as records and decisions shall be made available to the competent foreign authority after conclusion of the mutual assistance proceedings (Art. 80d). 2 If a third party with rights acquired in good faith, an authority, or the victim who is habitually resident in Switzerland claim that they have rights over the objects, documents or assets under paragraph 1, their handing over shall be subject to the condition that the requesting State gives the guarantee to return them free of charge after the conclusion of the proceedings. 3 Return may be delayed if the objects, documents or assets are necessary for criminal proceedings pending in Switzerland. 4 Article 60 applies to fiscal liens. 121 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 74a Handing over of objects or assets for the purpose of forfeiture or return 122
1 On request, objects or assets subject to a precautionary seizure may be handed over to the competent foreign authority after conclusion of the mutual assistance proceedings (Art. 80d) for the purpose of forfeiture or return to the person entitled. 2 The objects or assets referred to in paragraph 1 include:
3 The handing over may take place at any stage of the foreign proceedings, normally based on a final and executable decision from the requesting State. 4 However, the objects or assets may be retained in Switzerland if:
5 Whenever a person claims to have rights over the objects or assets under paragraph 4, its handing over to the requesting State shall be postponed until the legal situation is clear. The objects or assets claimed may be handed over to the person entitled if:
6 Article 60 applies to fiscal liens. 7Objects and assets to which Switzerland is entitled according to an asset sharing agreement based on the Federal Act of 19 March 2004123 on the Division of Forfeited Assets shall not be handed over in accordance with paragraph 1.124 122 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 124 Inserted 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). |
Chapter 2 Procedure |
Section 1 Requests for Mutual Assistance |
Art. 75 Authorisation for requesting mutual assistance
1 Requests for assistance may be submitted by authorities that are competent to investigate offences or make decisions in other proceedings to which this Act is applicable. 2 Swiss authorities may also accept requests for the execution of procedural acts from the parties authorised to make them if those acts are incumbent upon the parties under the laws of the requesting State. 3 The FOJ shall make requests for mutual assistance that is needed outside criminal proceedings.125 125 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 75a Police requests 126
1 The commissioners of police of the Confederation and of the cantons may make a request under Article 63 on their own behalf and may grant such requests emanating from foreign authorities. 2 The following requests are excluded:
126 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 76 Content and documents
In addition to the information and documents required by Article 28, the following shall be specified in or enclosed with a request:
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Art. 77 Way of transmission 127
1 Foreign requests shall be addressed to the appropriate cantonal authority through the intermediary of the FOJ. 2 Requests for extracts from the Register of Convictions or for determining the identity of a person shall be addressed to the FOJ128. 127 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). 128 The designation of the administrative unit has been adapted according to Art. 16 para. 3 of the Publications O of 17 Nov. 2004 (AS 20044937). |
Section 2 Treatment of the Request129
129 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 78 Receipt and transmission
1 The FOJ shall receive foreign requests unless provision is made for direct transmission to the competent cantonal or federal executing authority. 2 The FOJ shall summarily examine whether the request meets the formal requirements of this Act and shall forward it to the appropriate executing authority unless the request clearly appears to be inadmissible. 3 If necessary, the FOJ shall return the request to the requesting State for improvement or completion. 4 Receipt and transmission of the request to the competent authority are not subject to appeal. 5 The procedural provisions of Article 18 are reserved. |
Art. 79 Delegation of execution
1 If the execution of the request necessitates investigations in more than one canton or if it also concerns a federal authority, the FOJ may entrust a single authority with its execution. Articles 44–47, 52 and 53 CrimPC130 apply by analogy.131 2 The FOJ may delegate all or part of the execution of a request to the federal authority which would be competent if the offence had been committed in Switzerland. 3 The FOJ may also entrust the execution of supplementary requests to the authority to which execution was delegated. 4 The designation of the cantonal or federal authority responsible shall not be subject to appeal. 131 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. 79a Decision of the FOJ
The FOJ may decide whether mutual assistance is permitted and delegate its execution to a cantonal authority or itself decide on the execution if:
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Art. 80 Preliminary examination
1 The request shall be subject to preliminary examination by the cantonal or federal authority responsible for its execution. 2 If the request cannot be granted, the executing authority shall return it to the requesting authority by the same channel through which it was received. |
Art. 80a Consideration and execution
1 The executing authority shall issue a summary ruling on whether to consider the case and shall order the mutual assistance measures permitted. 2 It shall execute the mutual assistance measures in accordance with its own procedural law. |
Art. 80b Participation in the proceedings and access to the files
1 The persons entitled may participate in the proceedings and have access to the files provided this is necessary to safeguard their interests. 2 The rights provided for in paragraph 1 may be limited only:
3 Access to the files or participation in the proceedings may only be denied in the case of files or procedural measures for reasons of confidentiality. |
Art. 80c Simplified execution
1 The persons entitled, and in particular the holders of documents, information or assets may consent to handing them over without formality at any time prior to the conclusion of the proceedings. Consent is irrevocable. 2 If all the persons entitled give their consent, the competent authority shall make a written record thereof and conclude the proceedings. 3 If only some of the documents, information or assets required are handed over, the ordinary proceedings shall be followed for the remaining part. |
Art. 80dbis Early transmission of information and evidence 132
1 The competent cantonal or federal authority may by way of exception order the early transmission of information or evidence gathered before the final ruling is issued:
2 The information or evidence concerned must be connected with the prevention or the prosecution of an extraditable criminal offence. 3 Early transmission may be ordered with or without a request being received. If it is ordered in the absence of a request, the competent cantonal or federal authority shall transmit only the non-personal data required to assess the position, subject to receiving the undertakings specified in paragraph 4. 4 Early transmission is conditional on the requesting authority providing an undertaking in advance that:
5 Notification of the person concerned shall be deferred. 6 Notice of the interim ruling in accordance with paragraph 1 shall be given to the FOJ without delay and before the early transmission. It is not in itself contestable. 132 Inserted by Annex No II 5 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427). |
Section 2a Joint Investigation Team133
133 Inserted by Annex No II 5 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427). |
Art. 80dter Appointment of a joint investigation team
1 The cantonal or federal mutual assistance authority may for a specific purpose and in consultation with the competent foreign judicial authority appoint a joint investigation team (JIT) to conduct or support the conduct of a criminal investigation in a state participating in the JIT. 2 A JIT may in particular be appointed in a difficult or complex criminal investigation that involves one or more other states and which requires considerable resources as well as coordinated and concerted action. 3 It may only be appointed if a request for mutual assistance has been submitted by a judicial authority. 4 The JIT must be appointed for a limited duration. The appointment may be extended as required. 5 The competent authority shall designate the persons responsible and the members of the JIT for its state. The JIT may call on the services of experts and auxiliary personnel as required. 6 Notice of the act of appointment shall be given to the FOJ in writing. |
Art. 80dsexies Status in relation to criminal and civil liability
The foreign person responsible and the foreign members of the JIT, as well as the foreign experts and auxiliary personnel under Article 80dter paragraph 5 are deemed equivalent to the Swiss person responsible and the Swiss members of the JIT during an operation on Swiss national territory in relation to any offences committed against them or that they themselves commit. They are also deemed equivalent to them in relation to any injury, loss or damage that they cause during their operation. |
Art. 80dsepties Access to documents, information and evidence
1 The persons responsible and members of the JIT shall have access to:
2 They shall be denied access to documents, information and evidence if a decision to that effect has been taken by a person responsible for the JIT or by a criminal or mutual assistance authority. The foregoing also applies if the documents, information or evidence were obtained before the JIT was appointed. 3 The experts and auxiliary personnel under Article 80dter paragraph 5 shall have access only to documents, information and evidence that are required for them to fulfil the tasks assigned to them. |
Art. 80dnovies Confidentiality and data protection
1 The confidentiality of the information, including the confidentiality of the investigation, must be preserved. 2 The protection of personal data is governed by the law of the state in which the investigative measure is carried out. |
Art. 80ddecies Dealings with the media
If the bodies normally competent to do so in the judicial authorities concerned intend to issue a press release, the Swiss criminal or mutual assistance authority and its foreign partner authority shall discuss the content beforehand. |
Art. 80dundecies Costs
1 The costs of the investigative activities shall be borne by the state in which the act concerned is carried out. 2 The costs related to time spent in the other country, travel and accommodation for the persons responsible and the other members of the JIT shall be borne by their own country. 3 The rooms and the technical resources required to conduct the investigative activities, such as office space, communication media or special equipment, shall be provided by the state in which the activity concerned is carried out. |
Art. 80dduodecies Act of appointment
1 The act of appointment must include the following information:
2 The act of appointment may be amended if the investigations so require. In particular, further members may be added to the JIT or the time limit may be extended. |
Section 3 Appeal134
134 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 80e Appeal against the ruling of the executing authority 135
1 The ruling of the executing cantonal or federal authority on the conclusion of the mutual assistance proceedings together with the preceding interim rulings shall be subject to appeal to the Appeals Chamber of the Federal Criminal Court. 2 Interim rulings preceding the final ruling may be appealed against separately provided that they cause immediate and irreparable prejudice through:
3 Article 80l paragraphs 2 and 3 applies by analogy. 135 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). |
Art. 80f and 80g136
136 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. 80i Reasons for appeal
1 The appeal may be filed to challenge:
2 ...137 137 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. 80l Suspensive effect
1 Only appeals against the final ruling or any other ruling authorising the transmission of classified information or the handing over of objects or assets to a foreign State shall have suspensive effect.138 2 An interim ruling preceding the final ruling may be executed immediately. 3 The Appeals Chamber of the Federal Criminal Court may grant suspensive effect to an interim ruling in accordance with paragraph 2 if the person entitled shows probable cause that immediate and irreparable prejudice as defined in Article 80e, paragraph 2 may result.139 138 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). 139 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). |
Section 4 Special Provisions140
140 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1). |
Art. 80m Notification of rulings
1 The executing authority and the appellate authority shall give notice of their rulings to:
2 The right to notification shall end when the ruling concluding the mutual assistance proceedings becomes legally enforceable. |
Art. 80n Right to inform
1 Holders of documents have the right to inform their clients of the existence of the request and of all the facts relating thereto unless the competent authority has, as an exception, expressly prohibited this and made reference to Article 292 of the Swiss Criminal Code141 and the penalties that it carries. 2 The person entitled who intervenes in pending proceedings may no longer challenge rulings that have become legally enforceable. |
Art. 80o Inquiry addressed to the requesting State
1 If additional information is necessary, the executing or the appellate authority shall request the FOJ to obtain it from the requesting State. 2 If necessary, the competent authority shall suspend dealing with all or part of the request and rule on the points that may be dealt with based on the documents available. 3 The FOJ shall give the requesting State an appropriate deadline by which to respond. If the deadline given is not respected, the request for mutual assistance shall be examined based on the documents available. |
Art. 80p Conditions subject to acceptance
1 The executing and the appellate authority as well as the FOJ may make the granting of mutual assistance wholly or partly subject to certain conditions. 2 The FOJ shall communicate the conditions to the requesting State when the ruling on the granting and the extent of the mutual assistance is final and shall give it an appropriate deadline by which to accept or refuse. If the deadline given is not respected, mutual assistance may be granted on the points that are not subject to conditions. 3 The FOJ shall examine if the response of the requesting State satisfies the conditions set. 4 The ruling of the FOJ is subject to an appeal to the Appeals Chamber of the Federal Criminal Court within ten days of its notice being given in writing. The decision of the Appeals Chamber is final.142 142 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). |
Art. 81–84143
143 Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). |
Part Four Transfer of Proceedings |
Chapter 1 Conditions |
Section 1 Prosecution in Switzerland on behalf of another State |
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:
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.144 144 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; 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 145
If Swiss jurisdiction is not yet established, it shall be determined in accordance with Article 32 CrimPC146. 145 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). |
Section 2 Transfer to Foreign States |
Art. 88 Conditions 147
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:
147 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; 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:
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.148 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. 148 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 20063459; BBl 19991979). |
Chapter 2 Procedure |
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. 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 2004149 on the Division of Forfeited Assets, over forfeited objects.150 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. 150 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). |
Part Five Enforcement of Criminal Judgments |
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:
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 …151 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. 151 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:
2 Decisions on costs shall be declared enforceable only if the costs are to be paid to the State. 152 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:
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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:
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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.153 153 Inserted by art. 2 of the FD of 19 Dec. 2003, in force since 1 Oct. 2004 (AS 2004 41614162; 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 2 Procedure of Exequatur |
Art. 105 Competent judge 154
The competent court under Article 32 CrimPC155 shall inform the convicted person of the applicable procedure, hear him on the matter, as well as his counsel, and decide on enforcement. 154 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. 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. |