351.1
Mutual Assistance
Section 2
Specific Mutual Assistance Measures
Art. 68
Service of documents. General provisions
Where a Swiss authority is requested to serve documents, service may be effected by personal
or postal delivery to the recipient.
1
The Federal Council may permit the direct service of documents from abroad to the recipient in
Switzerland. It shall determine the conditions for such service.
2
Service is presumed to be effected if acceptance or refusal to accept has been confirmed in
writing.
3
Art. 69
Service of summonses. Safe conduct
There is no obligation to comply for any person who accepts a summons to appear before a
foreign authority.
1
2
Summonses containing threats of compulsion shall not be served.
Service of a summons may be made subject to the condition that the recipient is guaranteed
safe conduct for an appropriate period of time and will not be prevented from freely leaving the
territory of the requesting State. If the recipient so requires, the authority effecting service shall
ask the requesting State to give a written assurance thereof before proof of service is furnished.
3
Art. 70
Transfer of arrested persons
Persons held in custody in Switzerland may be transferred to a foreign authority for the purpose of investigations if they are guaranteed safe conduct and if it is guaranteed that they will
be kept in custody and returned to Switzerland on request.
1
Persons who are not indicted abroad and Swiss citizens may be transferred only with their
written consent. This is not necessary if the transfer is required for the execution of a Swiss
request or for confrontation with other persons abroad.
2
Art. 71111
Art. 72
Maintaining of custody
If a detained person is surrendered to the Swiss authorities in the course of an act of assistance, the warrant for his arrest issued abroad shall also be valid in Switzerland for the period
of his stay in Switzerland.
1
During transit the defendant shall be kept in custody by virtue of the order for transit given by
the Federal Office.
2
In those cases the detained person may be released only with the agreement of the competent
foreign authority.
3
Art. 73
Safe conduct in Switzerland
A person habitually resident abroad and who appears in Switzerland in a criminal case pursuant to a summons may neither be prosecuted nor restricted in his personal freedom for reasons
that occurred prior to his entry into Switzerland.
1
111
26
Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997
(AS 1997 114; BBl 1995 III 1).