351.1
Mutual Assistance
Section 2
Inadmissibility of Requests
Art. 2
Foreign proceedings7
A request for cooperation in criminal matters shall not be granted if there are reasons to believe
that the foreign proceedings
a.8 do not meet the procedural requirements of the European Convention for the Protection
of Human Rights and Fundamental Freedoms of 4 November 19509, or the International Covenant on Civil and Political Rights of 16 December 196610;
b.11 are being conducted so as to prosecute or punish a person on account of his political
opinions, his belonging to a certain social group, his race, religion, or nationality;
c.
could result in aggravating the situation of the defendant for any of the reasons mentioned under letter b; or
d.
have other serious defects.
Art. 3
Nature of the offence
A request shall not be granted if the subject of the proceedings is an act which, in the Swiss
view, is of a predominantly political nature, constitutes a violation of the obligation to perform
military or similar service, or appears to be directed against the national security or military
defence of the requesting State.
1
The plea that an act is of a political nature shall not be taken into account under any circumstances:
2
a.
in cases of genocide;
b.
in cases of crimes against humanity;
c.
in cases of war crimes; or
d.
if the act appears particularly reprehensible because the offender, for the purpose of extortion or duress, has endangered or threatened to endanger the life or limb of persons,
especially by hijacking aircraft, using means of mass extermination, causing a catastrophe or taking hostages.12
A request shall not be granted if the subject of the proceedings is an offence which appears to
be aimed at reducing fiscal duties or taxes or which violates regulations on currency, trade or
economic measures. However, a request may be granted:
3
a.
7
8
9
10
11
12
2
for mutual assistance under Part Three of this Act if duty or tax fraud is the subject of
the proceedings;
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 No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
SR 0.101
SR 0.103.2
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 No I 4 of the FA of 18 June 2010 on the Amendment of the Federal Legislation in
Implementation of the Rome Statute of the International Criminal Court, in force since 1 Jan. 2011
(AS 2010 4963; BBl 2008 3863).