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

¹ At the re­quest of the State in which the of­fence was com­mit­ted, Switzer­land may pro­sec­ute on its be­half an of­fence com­mit­ted abroad if:

a.

ex­tra­di­tion is not per­mit­ted;

b.

the de­fend­ant has to face charges in Switzer­land for oth­er more ser­i­ous of­fences; and

c.

it is guar­an­teed that the re­quest­ing State will not pro­sec­ute him for the same of­fence after ac­quit­tal or com­plet­ing a sen­tence in Switzer­land.

² A for­eign na­tion­al who is ha­bitu­ally res­id­ent in Switzer­land may also be pro­sec­uted in Switzer­land if his ex­tra­di­tion can­not be jus­ti­fied and pro­sec­u­tion in Switzer­land seems ap­pro­pri­ate with re­gard to his per­son­al situ­ation and so­cial re­hab­il­it­a­tion.

³ These pro­vi­sions do not ap­ply if the of­fence is sub­ject to Swiss jur­is­dic­tion on the basis of an­oth­er pro­vi­sion.¹⁴⁴