351.1 Mutual Assistance By way of exception, the person concerned may be released from detention with a view to extradition at any stage of the proceedings if this is appropriate in the circumstances. The defendant may lodge a petition for release at any time. 3 4 In addition, Articles 238–240 CrimPC88 apply by analogy to release from detention.89 Art. 51 Continuation and renewal of detention If the request and its enclosures are received in time and if extradition is not obviously inadmissible, detention shall continue throughout the proceedings without special ruling. 1 2 If the defendant has been released, detention with a view to extradition may be ordered again. Section 4 Preparation of the Extradition Decision Art. 52 Right to be heard The request and the documents supporting it shall be submitted to the defendant and to his legal adviser. When formally presenting the defendant with the arrest warrant with a view to extradition, the cantonal authority shall ascertain if the defendant is identical with the person mentioned in the request. It shall explain to him the conditions of extradition and of simplified extradition and advise him of the right to appeal, to appoint a legal adviser or to have a legal adviser officially appointed.90 1 2 The defendant shall be questioned briefly about his personal circumstances, and especially his nationality and relationship with the requesting State, and asked if and for what reasons he raises objections to the arrest warrant or his extradition. His legal adviser may assist in this hearing. If the extradited person is to be prosecuted for other offences or re-extradited to a third State, the Federal Office shall arrange for him to be questioned on the record in accordance with paragraph 2 by a judicial authority of the requesting State. 3 Art. 53 Alibi evidence If the defendant claims to be able to prove that he was not at the scene of the offence when it was committed, the Federal Office shall make the necessary investigations. 1 Extradition shall be denied in clear cases. In other cases, the exculpatory evidence shall be submitted to the requesting State which shall be asked to declare within a short time whether it wishes to continue with its request. 2 Art. 5491 Simplified extradition If the defendant places on the record before a judicial authority that he waives the requirement of extradition proceedings, the Federal Office shall order his surrender unless there are special considerations prohibiting it. 1 2 This waiver may be revoked provided the Federal Office has not ordered the surrender. 88 89 90 91 20 SR 312.0 Amended by Annex 1 No II 13 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). 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).