351.1 Mutual Assistance Part Two Chapter 1 Extradition Conditions Art. 32 Foreign nationals Foreign nationals may be surrendered to another State for prosecution or enforcement of a sentence involving deprivation of liberty for acts which come under its criminal jurisdiction if that State requests extradition or if it accepts the Swiss request to prosecute the offence or enforce the judgment. Art. 33 Persons under 20 years of age Children and juveniles as defined in the Swiss Criminal Code73 whose extradition is requested shall, if possible, be repatriated by the juvenile authorities. The same applies to persons between the ages of 18 and 20 if extradition could endanger their mental development or social rehabilitation. 1 2 Repatriation shall have the effects of an extradition. Art. 3474 Art. 35 1 Extraditable offences Extradition is permitted if, according to the documents supporting the request, the offence: a. is punishable by deprivation of liberty for a maximum period of at least one year or a more severe sentence both under the law of Switzerland and under the law of the requesting State and b. is not subject to Swiss jurisdiction. In determining whether an act is an offence under Swiss law, the following are not considered: 2 a. its specific degrees of guilt and conditions for criminal liability; b. the conditions relating to the personal and time-related application of the Swiss Criminal Code75 and the Swiss Military Criminal Code of 13 June 192776 with regard to the criminal provisions on genocide, crimes against humanity and war crimes.77 Art. 36 Special cases As an exception, the defendant may be extradited for an offence which comes under Swiss jurisdiction if special circumstances, especially the possibility of better social rehabilitation, justify it. 1 If one of two or more offences is extraditable (Art. 35 para. 1), extradition may be granted for all offences. 2 73 74 75 76 77 16 SR 311.0 Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). SR 311.0 SR 321.0 Amended by No I 4 of the FA of 18 June 2010 on the Amendment of the Federal Act in Implementation of the Rome Statute of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).