Mutual Assistance Act
351.1
Section 3123 Appeal
Art. 80e124
Appeal against the ruling of the executing authority
The ruling of the executing cantonal or federal authority on the conclusion of the mutual
assistance proceedings together with the preceding interim rulings shall be subject to appeal to
the Appeals Chamber of the Federal Criminal Court.
1
Interim rulings preceding the final ruling may be appealed against separately provided that
they cause immediate and irreparable prejudice through:
a. the seizure of assets or valuables; or
b. the presence of persons involved in the foreign proceedings.
2
3
Article 80l paragraphs 2 and 3 applies by analogy.
Art. 80f and 80g125
Art. 80h
Right of appeal
The following shall be entitled to appeal:
a.
the Federal Office;
b.
any person who is personally and directly affected by a mutual assistance measure and
has a legitimate interest in that measure being annulled or modified.
Art. 80i
1
2
Reasons for appeal
The appeal may be filed to challenge:
a.
a violation of federal law, including excessive use or abuse of discretion;
b.
the inadmissible or manifestly incorrect application of foreign law in the cases under
Article 65.
...126
Art. 80k
Deadline for appeal
The deadline for appeal against the final ruling shall be 30 days, or ten days in the case of an
interim ruling, from the written communication of the ruling.
Art. 80l
Suspensive effect
Only appeals against the final ruling or any other ruling authorising the transmission of classified information or the handing over of objects or assets to a foreign State shall have suspensive effect.127
1
2
An interim ruling preceding the final ruling may be executed immediately.
123
124
Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Amended by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, in force
since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
125 Repealed by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, with effect
from 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
126 Repealed by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, with effect
from 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
127 Amended by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court, in force
since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
31