Mutual Assistance Act Art. 77 351.1 Way of transmission118 Foreign requests shall be addressed to the appropriate cantonal authority through the intermediary of the Federal Office. 1 Requests for extracts from the Register of Convictions or for determining the identity of a person shall be addressed to the Federal Office119. 2 Section 2120 Treatment of the Request Art. 78 Receipt and transmission The Federal Office shall receive foreign requests unless provision is made for direct transmission to the competent cantonal or federal executing authority. 1 The Federal Office shall summarily examine whether the request meets the formal requirements of this Act and shall forward it to the appropriate executing authority unless the request clearly appears to be inadmissible. 2 If necessary, the Federal Office shall return the request to the requesting State for improvement or completion. 3 4 Receipt and transmission of the request to the competent authority are not subject to appeal. 5 The procedural provisions of Article 18 are reserved. Art. 79 Delegation of execution If the execution of the request necessitates investigations in more than one canton or if it also concerns a federal authority, the Federal Office may entrust a single authority with its execution. Articles 44–47, 52 and 53 CrimPC121 apply by analogy.122 1 The Federal Office may delegate all or part of the execution of a request to the federal authority which would be competent if the offence had been committed in Switzerland. 2 3 The Federal Office may also entrust the execution of supplementary requests to the authority to which execution was delegated. 4 The designation of the cantonal or federal authority responsible shall not be subject to appeal. Art. 79a Decision of the Federal Office The Federal Office may decide whether mutual assistance is permitted and delegate its execution to a cantonal authority or itself decide on the execution if: a. the execution of the request necessitates investigations in more than one canton; b. the competent cantonal authority is unable to make a decision within the appropriate time; or c. the cases are complex or particularly important. 118 119 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). The designation of the administrative unit has been adapted according to Art. 16 para. 3 of the Publications O of 17 Nov. 2004 (AS 2004 4937). 120 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 121 SR 312.0 122 Second sentence 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). 29

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