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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. 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.94

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 Fed­er­al Of­fice shall ar­range for him to be ques­tioned on the re­cord in ac­cord­ance with para­graph 2 by a ju­di­cial au­thor­ity of the re­quest­ing State.

94 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997114; BBl 1995 III 1).