Federal Act
on International Mutual Assistance in Criminal Matters
(Mutual Assistance Act, IMAC)

¹ Art­icles 429 and 431 Crim­PC⁴⁴ 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.⁴⁵

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.⁴⁶

⁴ Com­pens­a­tion for de­ten­tion pending ex­tra­di­tion served in Switzer­land may also be re­duced or re­fused if the re­quest­ing State:

a.

with­draws the re­quest for search and ar­rest with a view to ex­tra­di­tion; or

b.

does not present the re­quest for ex­tra­di­tion with the ne­ces­sary en­clos­ures with­in the dead­line set.⁴⁷

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.⁴⁸