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nor restricted in his personal freedom for reasons that occurred prior to his entry into Switzerland. 1 111 26 Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).

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