351.1
b.
Mutual Assistance
does not present the request for extradition with the necessary enclosures within the
deadline set.43
The likelihood of the injured party being able to obtain damages in the foreign State must be
taken into account when the decision is made to reduce or refuse the compensation.44
5
Chapter 3
Section 1
Domestic Procedure
Authorities and Powers
Art. 16
Cantonal authorities
The cantons shall participate in the conduct of extradition proceedings. Unless federal law
provides otherwise, they are required to execute the requests for other forms of mutual assistance and the transfer of proceedings and to execute criminal judgments. The cantons shall be
subject to the supervision of the Confederation provided this Act applies.
1
2
…45
Art. 17
Federal authorities
The Federal Department of Justice and Police (the Department) shall decide on cases under
Article 1 letter a.46 The decision of the Department may be requested within 30 days of receiving written notification of the final ruling.47
1
The Federal Office shall receive the requests from abroad and file Swiss requests. It shall
handle extradition requests and arrange for requests for other assistance, transfer of proceedings
and execution of criminal judgments to be examined by the appropriate cantonal or federal
authorities if their execution is not obviously inadmissible.
2
3
It shall decide:
a.
whether to require a guarantee of reciprocity (Art. 8 para. 1);
b.
on the appropriate procedure (Art. 19);
c.
on the admissibility of Swiss requests (Art. 30, para. 1).
It may transfer the conduct of proceedings wholly or partly to the federal authority which
would be competent to prosecute the offence if it had been committed in Switzerland.
4
It may also decide on the admissibility of assistance and allow its execution in accordance
with Article 79 letter a.48
5
Art. 17a49
1
Obligation of promptness
The competent authority shall execute requests promptly. It shall decide without delay.
43
44
45
46
47
48
49
10
Inserted 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 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Repealed by Annex 1 No II 13 of the Criminal Procedure Code of 5 Oct. 2007, with effect from
1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Amended by No 1 of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114;
BBl 1995 III 1).
Sentence inserted 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).
Inserted 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 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).