351.1
Mutual Assistance
Art. 87134
Jurisdiction
If Swiss jurisdiction is not yet established, it shall be determined in accordance with Article 32
CrimPC135.
Section 2
Transfer to Foreign States
Art. 88136
Conditions
Another State may be requested to prosecute an offence subject to Swiss jurisdiction if its laws
allow the prosecution and judicial punishment of the offence and if:
a.
the defendant is present there and his extradition to Switzerland is inappropriate or not
permitted; or
b.
he is extradited to this State and the transfer of the prosecution offers the prospect of
better social rehabilitation.
Art. 89
Effects
If another State prosecutes the offence, the Swiss authorities may not take further measures
against the defendant for the same offence:
1
a.
unless the requested State has given notice that it is not in a position to conclude the
prosecution, or
b.
if, according to the decision made in the requested State, the conditions of Article 5 letter a or b are met.
The effect of the time limitation provisions under Swiss law is suspended provided the proceedings including enforcement of the sentence are ongoing in the requested State.137
2
3 If the defendant was extradited to the requested State for other offences, this State need not
observe the conditions of extradition in accordance with Article 38 provided it grants the request for prosecution.
Chapter 2
Procedure
Art. 90
Documents
In addition to the documents specified in Article 28 paragraph 3, the record of criminal proceedings as well as any evidentiary productions must be enclosed with the request.
Art. 91
Decision on the request
The Federal Office shall decide on whether to accept the foreign request after consulting the
prosecuting authorities.
1
134
Amended by Annex 1 No II 13 of the Criminal Procedure Code of 5 Oct. 2007, in force since
1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
135 SR 312.0
136 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
137 The suspension of the effects of the time limitation provisions has been abolished by Art. 97 ff. of the
Swiss Criminal Code (SR 311.0) and time limits for execution have been replaced by an extension of
the regular time limit (AS 2006 3459; BBl 1999 1979).
34