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Federal Act on International Mutual Assistance in Criminal Matters (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.
of 20 March 1981 (Status as of 1 July 2021)
Art. 21Common 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.61
4 Appeals filed against a decision made in application of this Act shall not have a suspensive effect. This rule does not apply to appeals directed against a decision:
a.
granting extradition; or
b.
authorising the transmission abroad of classified information or the handing over of objects or assets.62
61 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1).
62 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1).