351.1 Art. 95 1 Mutual Assistance Inadmissibility of the enforcement order The order permitting enforcement (exequatur) may not be issued if: a.141 the conviction took place at a time when, under Swiss law, the prosecution would have been time barred; 2 b. the sentence would have been time barred under Swiss law if a Swiss authority had imposed it at the same time, or c. the offence is also subject to Swiss jurisdiction and no sentence could be imposed under Swiss law for other reasons. Decisions on costs shall be declared enforceable only if the costs are to be paid to the State. Art. 96 Refusal to enforce The court shall refuse to enforce in whole or in part if: a. the convicted person has incurred a sentence involving deprivation of liberty in Switzerland for other offences and enforcement as requested would result in an obviously more severe punishment than if the offences taken as a whole were judged in Switzerland, or b. the execution of any of the accessory criminal measures in Switzerland is not permitted, or c. it is of the opinion that the convicted person has good reason to oppose the enforcement of a judgment or penalty order that was issued in his absence and which is no longer subject to a right of objection or appeal under the law of the requesting State. Art. 97 Binding force of the findings in fact In assessing criminal liability and the possibility of prosecution under Swiss law, the court shall be bound to the findings in fact on which the decision relies. If they do not suffice, the gathering of evidence may be ordered. Art. 98 Effects of enforcement If Switzerland assumes responsibility for enforcement, no criminal proceedings against the convicted person for the same offence may be instituted or continued here. Art. 99 Use of Swiss institutions by foreign States If the conditions of Article 94 paragraph 1 are not met, sentences involving restriction of liberty that have been imposed on a non-Swiss national in another State may be enforced in Switzerland under Swiss law if the other State cannot execute them itself. 1 In this case, the final and enforceable foreign decision shall constitute the legal basis for the restriction of the convicted person’s liberty. 2 141 36 The amendment in accordance with Art. 97 ff. of the Swiss Criminal Code (SR 311.0) contains a limitation system (AS 2006 3459; BBl 1999 1979).