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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. 8 Reciprocity

1 As a rule, a re­quest shall be gran­ted only if the re­quest­ing State guar­an­tees re­cipro­city. The Fed­er­al Of­fice of Justice26 of the Fed­er­al De­part­ment of Justice and Po­lice (Fed­er­al Of­fice) 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:

a.
seems ad­vis­able due to the type of of­fence or to the ne­ces­sity of com­bat­ing cer­tain of­fences;
b.27
is likely to im­prove the situ­ation of the de­fend­ant or the pro­spects of his so­cial re­hab­il­it­a­tion; or
c.
serves to cla­ri­fy an of­fence against a Swiss na­tion­al.

3 The Fed­er­al Coun­cil may, with­in the scope of this Act, provide oth­er States with a guar­an­tee of re­cipro­city.

26 The des­ig­na­tion of the ad­min­is­trat­ive unit has been ad­ap­ted ac­cord­ing to Art. 16 para. 3 of the O of 17 Nov. 2004 on of­fi­cial pub­lic­a­tions (AS 20044937).

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).