Mutual Assistance Act
351.1
8 Objects and assets in accordance with paragraph 1 letter b to which Switzerland is entitled
according to an asset-sharing agreement based on the Federal Act of 19 March 200498 on the
Division of Forfeited Assets are not handed over.99
Art. 60
Fiscal lien
If objects or assets are handed over and their return is waived, the customs lien or any other
real liability under Swiss customs or tax law shall not be claimed if the owner who suffered
loss as a result of the offence does not personally owe the duty or tax.
1
2
The waiver of such a fiscal lien may be made dependent on reciprocity.
Art. 61
Time limit for taking over
If the requesting State does not take the necessary steps to take over the person to be extradited
within ten days of notification of the execution order, he shall be released. This time limit may
be extended up to 30 days in response to a justified request from the requesting State.
Art. 62
Costs
In the event of extradition to a foreign country, the Swiss Confederation shall pay the costs of
detention and transportation provided that it is customary in international relations for the
requested State to pay such costs.
1
The personal property of the defendant may be used to cover the costs provided it does not
have to be handed over to the requesting State.
2
Part Three Other Mutual Assistance
Chapter 1 Requirements
Section 1
General
Art. 63
Principle
Mutual assistance within the meaning of Part Three of this Act shall comprise the transmission of information, as well as procedural acts and other official acts permitted under Swiss law
provided these acts appear to be necessary for proceedings carried out abroad in criminal
matters or serve to retrieve the proceeds of the offence.100
1
2
3
Mutual assistance measures shall include in particular:
a.
the service of documents;
b.
obtaining evidence, and in particular searching persons and rooms, seizure, orders to
produce, expert opinions, conducting hearings and confrontations of persons;
c.
production of documents and papers;
d.
handing over of objects or assets with a view to forfeiture or for restitution to the entitled person.101
The following shall, in particular, be considered proceedings carried out in criminal matters:
98
99
SR 312.4
Inserted by Annex No 2 of the FA of 19 March 2004 on the Division of Forfeited Assets, in force
since 1 August 2004 (AS 2004 3503; BBl 2002 441).
100 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
101 Amended 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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