351.1
Mutual Assistance
2bisAn
appeal against a Swiss request for transferring responsibility for the execution of a criminal judgment in connection with a transfer under Article 101 paragraph 2 is admissible.65
The Federal Office may appeal against rulings by cantonal authorities as well as against
decisions by the Federal Criminal Court. The cantonal authority is entitled to appeal against the
decision of the Federal Office not to make a request.66
3
An appeal may also be filed against the inadmissible or obviously improper application of
foreign law.
4
5
…67
The Appeals Chamber of the Federal Criminal Court is not bound by the applications made
by the parties.68
6
Art. 2669
Administrative appeal
Rulings made by the Department under Article 17 paragraph 1 shall be subject to appeal to the
Federal Council. …70
Chapter 4
International Procedure
Art. 27
General rules for requests
Articles 27 to 31 apply to all procedures under this Act subject to the special rules of procedure provided for in the other parts of this Act.71
1
2
Foreign requests shall be addressed directly to the Federal Office.
Requests which are addressed to an inappropriate authority shall be forwarded ex officio. The
requesting authority shall be duly notified.
3
4
Requests in connection with an arrest shall be dealt with without delay.
5
The non-acceptance or refusal of a request must be substantiated.
Art. 28
Form and content of requests
1
Requests shall be made in writing.
2
The following information must be provided in a request:
65
66
67
68
69
70
71
14
a.
the office issuing the request and, if applicable, the authority having criminal jurisdiction;
b.
the subject matter of and the reason for the request;
c.
the legal term for the offence;
Inserted by Art. 2 of the FD of 19 Dec. 2003, in force since 1 Oct. 2004 (AS 2004 4161 4162;
BBl 2002 4340)
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).
Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997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).
Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Sentence repealed by Annex No 30 of the FA of 17 June 2005 on the Federal Administrative Court,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).
Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).