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

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