351.1 Mutual Assistance Section 3 Special Provisions Art. 7 Swiss nationals No Swiss national may, without his written consent, be extradited or surrendered to a foreign State for prosecution or for the execution of a sentence. Consent may be withdrawn up to the time when the surrender is ordered. 1 Paragraph 1 does not apply to transit or return of a Swiss national who is temporarily surrendered by a third State to the Swiss authorities. 2 Art. 8 Reciprocity As a rule, a request shall be granted only if the requesting State guarantees reciprocity. The Federal Office of Justice22 of the Federal Department of Justice and Police (Federal Office) shall obtain a guarantee of reciprocity if this is considered necessary. 1 2 Reciprocity is in particular not required for the service of documents or if the execution of a request: a. seems advisable due to the type of offence or to the necessity of combating certain offences; b.23 is likely to improve the situation of the defendant or the prospects of his social rehabilitation; or c. serves to clarify an offence against a Swiss national. The Federal Council may, within the scope of this Act, provide other States with a guarantee of reciprocity. 3 Art. 8a24 Bilateral treaties The Federal Council may conclude bilateral agreements with foreign States regarding the transfer of sentenced persons provided those agreements respect the principles of the European Convention of 21 March 198325 on the Transfer of Sentenced Persons. Art. 9 Protection of privacy In the execution of requests, protection of privacy shall be governed by the provisions on the right of witnesses to refuse to testify. Articles 246–248 CrimPC26 apply by analogy to the search and to the placing under seal of documents.27 22 23 24 25 26 27 4 The designation of the administrative unit has been adapted according to Art. 16 para. 3 of the O of 17 Nov. 2004 on official publications (AS 2004 4937). Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Inserted by No I of the FA of 21 June 2002, in force since 1 Nov. 2002 (AS 2002 3333; BBl 2001 4687) SR 0.343 SR 312.0 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).