Mutual Assistance Act 351.1 If it accepts the request, it shall transmit the file to the prosecuting authority and notify the requesting State and the person concerned. 2 3 The decision does not create an obligation to institute criminal proceedings. The Federal Office may refuse to assume responsibility for the prosecution if there is good cause not to do so or if the seriousness of the offence does not justify it. 4 Art. 92 Foreign investigative measures Any investigative measure carried out by the authorities of the requesting State under its law shall be considered equivalent to a corresponding Swiss investigative measure. Art. 93 Costs The costs of the proceedings set by the requesting State shall be added to the costs of the proceedings in Switzerland and collected. They are not refunded to the requesting State. 1 2 The cantons shall have a right of disposal over any fines paid and, subject to the provisions of the Federal Act of 19 March 2004138 on the Division of Forfeited Assets, over forfeited objects.139 3 The requested State shall be notified of the costs of the proceedings incurred in Switzerland if the requested State takes over the prosecution. Their reimbursement shall not be requested. Part Five Chapter 1 Section 1 Enforcement of Criminal Judgments Conditions Enforcement by Switzerland Art. 94 Principle Final and enforceable criminal judgments from another State may be enforced at that State's request if: 1 a. the convicted person is habitually resident in Switzerland or has to face charges here for a serious offence; b. the subject of the conviction is an offence committed abroad which, if committed in Switzerland, would be punishable here, and c. enforcement in Switzerland seems to be appropriate for one of the reasons specified in Article 85 paragraphs 1 and 2 or likely to be barred in the requesting State. 2 Sentences imposed abroad shall be executed provided they do not exceed the maximum penalty provided by Swiss law for a corresponding offence. Sentences that remain below the minimum penalty according to Swiss law may be executed. 3 …140 Fines as well as costs arising from proceedings under Article 63 may also be enforced if the convicted person is habitually resident abroad but has assets at his disposal in Switzerland and if the requesting State grants reciprocity. 4 138 139 SR 312.4 Amended by Annex No 2 of the FA of 19 March 2004 on the Division of Forfeited Assets, in force since 1 August 2004 (AS 2004 3503; BBl 2002 441). 140 Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 35