351.1 Mutual Assistance Art. 58 Postponement. Provisional surrender Extradition may be postponed provided the person to be extradited is being prosecuted in Switzerland for other offences or if he has to serve a sentence involving deprivation of liberty. 1 2 However, provisional surrender of the defendant may be granted if: a. this will not be prejudicial to the Swiss criminal proceedings and b. the requesting State has guaranteed to keep the defendant in custody during his stay in that State and will return him regardless of his nationality. Art. 5997 Handing over of objects and assets If the conditions set for the extradition are met, objects and assets shall also be handed over which: 1 a. can serve as evidence; or b. derive from the offence. If an authority, or a third party with rights acquired in good faith, or the victim who lives in Switzerland asserts rights over the objects or assets which can serve as evidence, their handing over shall be subject to the condition that the requesting State guarantees their return without costs after the conclusion of its proceedings. 2 3 4 The objects or assets which derive from the offence include: a. instruments which served to commit the offence; b. products or profits of the offence, their replacement value and any unlawful advantage; c. gifts and other benefits which served to instigate the offence or recompense the perpetrator for the offence, as well as their replacement value. The objects or assets which derive from the offence may be retained in Switzerland if: a. the victim is habitually resident in Switzerland and they have to be returned to him; b. an authority asserts rights over them; or c. a person not involved in the offence and whose claims are not guaranteed by the requesting State shows probable cause that he has acquired rights over the objects and assets in good faith in Switzerland, or, if he is habitually resident in Switzerland, in a foreign country. Objects or assets mentioned in the first paragraph and which are required for pending criminal proceedings in Switzerland may also be retained in Switzerland. 5 If a person entitled to the objects or assets makes a claim under paragraph 4, the objects or assets shall not be handed over until the legal position has been clarified. Objects or assets in dispute shall be returned to the person entitled only if: 6 a. the requesting State gives its consent; b. in the case of paragraph 4 letter b, the authority gives its consent; or c. the justification of the claim is recognised by a Swiss judicial authority. The handing over of objects and assets is not dependent on the execution of the extradition of the defendant. 7 97 22 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).