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

Art. 38 Conditions

1 The de­fend­ant may be ex­tra­dited only on con­di­tion that the re­quest­ing State:

a.
neither pro­sec­utes nor sen­tences nor re-ex­tra­dites him to a third State for any of­fence com­mit­ted pri­or to his ex­tra­di­tion and for which ex­tra­di­tion was not gran­ted;
b.89
does not de­prive him of his liberty on any oth­er ground that ex­is­ted be­fore his ex­tra­di­tion;
c.90
does not bring him be­fore an ex­traordin­ary court; and moreover
d.
sends the Swiss au­thor­it­ies, at their re­quest, an of­fi­cially cer­ti­fied copy of the de­cision which con­cludes the crim­in­al pro­ceed­ings.

2 The con­di­tions of para­graph 1 let­ters a and b no longer ap­ply if:

a.
the de­fend­ant or ex­tra­dited ex­pressly waives them; or
b.
the per­son ex­tra­dited:
1.
in spite of be­ing ad­vised of the con­sequences has not left the ter­rit­ory of the re­quest­ing State with­in forty-five days of his con­di­tion­al or fi­nal re­lease des­pite hav­ing the op­por­tun­ity to do so, or if, after leav­ing that ter­rit­ory, he has re­turned, or
2.
has been re­turned by a third State.91

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

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

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