Mutual Assistance Act
351.1
Simplified extradition shall have the effect of extradition and is subject to the same conditions. The requesting State shall be given notice thereof.
3
Section 5
Decision on Extradition
Art. 55
Competence
After setting the defendant and the third party objecting to the handing over of objects an
appropriate deadline for stating their position, the Federal Office shall rule on the extradition of
the defendant and the handing over of objects and assets seized.92
1
If the defendant claims that he is being charged with a political offence or if the investigation
reveals serious grounds to believe that the offence is of a political nature, the Appeals Chamber
of the Federal Criminal Court shall decide the case.93 The Federal Office shall send the file to
this Court, together with its proposal. The defendant shall be given the opportunity to state his
position.
2
3
The procedure for an appeal under Article 25 applies by analogy.94
Art. 55a95
Coordination with asylum proceedings
If the defendant has applied for asylum under the Asylum Act of 26 June 199896, the Federal
Office and the appellate authority shall consult the files from the asylum proceedings when
deciding on extradition.
Section 6
Execution
Art. 56
Executability
1
Extradition may be executed if the defendant:
a.
expressly requests his own immediate extradition or
b.
does not give notice within five days of the issue of the ruling that he will file an appeal.
2 If extradition is refused, the Federal Office shall release the person concerned from detention
with a view to extradition.
Art. 57
Extradition
The Federal Office shall issue the necessary rulings in agreement with the cantonal authorities.
1
It shall notify the requesting State of the decision as well as of the date and place of extradition.
2
92
93
94
95
96
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 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 Annex No 30 of the Federal Act of 17 June 2005 on the Federal Administrative Court, in
force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
Inserted by No I 3 of the FA of 1 Oct. 2010 on the Coordination of Asylum and Extradition Procedures, in force since 1 April 2011 (AS 2011 925; BBl 2010 1467).
SR 142.31
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