Mutual Assistance Act
351.1
If persons are surrendered to Switzerland in accordance with paragraph 1, then unless arrangements to the contrary have been made with the competent authorities of the surrendering
State, they may neither be prosecuted nor punished nor extradited to a third State by the Swiss
authorities for offences that they committed before their surrender and that were not the subject
of their conviction. These effects shall expire ten days after release on parole or final release
from the institution.
3
4
The Federal Council shall regulate the details.
Section 2
Transfer to a Foreign State
Art. 100
Principle
Another State may be requested to enforce a Swiss criminal judgment if:
a.
it is certain to accept the binding force of the judgment in accordance with Article 97,
and
b.
the transfer of enforcement is likely to improve the prospects of the social rehabilitation
of the convicted person or if Switzerland cannot obtain his extradition.
Art. 101
Conditions for transfer
1
The convicted person who is detained in Switzerland may only be transferred with a view to
enforcement of the judgment under Article 100 if he agrees and if the requested State is expected to accept the conditions set by the Federal Office.
2
The convicted person may be transferred without his consent if an international agreement
ratified by Switzerland so provides. In this case the conditions and effects of the transfer are
regulated exclusively by the said international agreement.142
Art. 102
Effects of transfer
If another State enforces the criminal judgment, the Swiss authority shall abandon enforcement provided the requested State has not given notice that it will not conclude it.
1
2
The convicted person may be taken into custody so as to ensure his transfer.
3
Article 89 paragraphs 2 and 3 apply by analogy.
Chapter 2
Section 1
Procedure
Request
Art. 103
Documents
In addition to the documents specified in Article 28 paragraph 3, the following shall be enclosed with a request:
142
a.
the original or an officially authenticated copy of the judgment with a certificate attesting that it is legally enforceable;
b.
a certificate attesting the period of detention undergone in the requesting State;
Inserted by art. 2 of the FD of 19 Dec. 2003, in force since 1 Oct. 2004 (AS 2004 4161 4162;
BBl 2002 4340).
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