Mutual Assistance Act
Chapter 2
Applicable Law
Art. 12
General
351.1
Unless this Act specifies otherwise, the federal administrative authorities shall apply, by
analogy, the Federal Act of 20 December 196836 on Administrative Procedure, and the cantonal
authorities their own procedural rules. Procedural acts are governed by the procedural law in
criminal matters.
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2
The cantonal and federal provisions on the suspension of time limits do not apply.37
Art. 13
1
Suspension of limitation periods38. Filing a criminal complaint
In proceedings under this Act, the following shall be considered to have effect in Switzerland:
a.
the suspension of a limitation period under the law of the requesting State;
b.
the filing of a criminal complaint with a foreign authority within the time limit provided
for if this is so required under Swiss law.
If a criminal complaint is required only under Swiss law, no sentence may be imposed or
executed in Switzerland if the victim makes objections.
2
Art. 14
Taking account of the period in detention
Article 69 of the Swiss Criminal Code39 applies when taking account of the period spent on
remand or in detention abroad due to proceedings under this Act.
Art. 15
Compensation
Articles 429 and 431 CrimPC40 apply by analogy in proceedings that have been conducted
against the defendant under this Act in Switzerland or at the instigation of a Swiss authority
abroad.41
1
The Confederation shall pay the compensation if a federal authority makes or executes a
request. It may require reimbursement from the canton that caused the request to be made.
2
The compensation may be reduced or refused if the defendant has provoked the investigation
or the detention through his fault, or has, without reason, obstructed or delayed the proceedings.42
3
Compensation for detention pending extradition served in Switzerland may also be reduced or
refused if the requesting State:
4
a.
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39
40
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42
withdraws the request for search and arrest with a view to extradition; or
SR 172.021
Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
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Swiss Criminal Code (SR 311.0) and time limits for execution have been replaced by an extension of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).
SR 311.0. See now art. 51.
SR 312.0
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).
Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
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