351.1
Mutual Assistance
ity of the defendant, the better prospect of social rehabilitation and the possibility of extradition
to another State.
Chapter 2
Section 1
Procedure
Requests
Art. 41
Documents supporting the request
In addition to the documents specified in Article 28 paragraph 3, the following shall be enclosed with the request: the original or an officially authenticated copy of an enforceable judgment, of an arrest warrant or of any other document issued in accordance with the regulations
of the requesting State and having the same effect.
Art. 42
Request for tracing and arrest
Requests for tracing and arrest with a view to extradition shall contain, in addition to the items
of information specified in Article 28 paragraphs 2 and 3 letter a, references to the following:
a.
the existence of a valid arrest warrant, its date of issue and the name of the issuing authority;
b.
the intention of the competent authority to make a request for extradition.
Art. 43
Consideration of the request
The Federal Office shall decide whether and under what conditions it will consider the request.
Section 2
Provisional Measures
Art. 44
Arrest
Foreign nationals may be arrested with a view to extradition on the basis of a request by an
Interpol National Central Bureau or the Ministry of Justice of another State or on the basis of
an international alert in a police search system.83 Article 52 paragraphs 1 and 2 apply by analogy.
Art. 45
Seizure of objects
At the time of arrest, objects and assets which can serve as evidence in foreign criminal
proceedings or which originate from an offence shall be seized.
1
The cantonal authorities may, if necessary, order that the arrested person or the rooms be
searched.
2
Art. 46
1
Notice of execution. Duration of measures
Arrest and seizure shall be reported to the Federal Office.
They shall continue until a decision concerning the detention awaiting extradition is issued
but at the latest until the third workday after the arrest.
2
83
18
Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).