Mutual Assistance Act
351.1
It shall on request provide the Federal Office with information on the status of the proceedings, the reasons for any delay and the measures being considered. If the delay is not justified,
the Federal Office may take the matter up with the appropriate supervisory authority.
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When the competent authority, without reason, refuses to or delays in issuing a ruling, its
conduct shall be regarded as equivalent to a negative decision subject to appeal.
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Art. 1850
Provisional measures
At the express request of another State, provisional measures may be taken by the competent
authority to preserve the existing situation, to safeguard threatened legal interests or to protect
jeopardised evidence unless the proceedings under this Act clearly appear to be inadmissible or
inappropriate.
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If any delay would jeopardise the proceedings and if there is sufficient information to determine whether all the conditions are met, the Federal Office may likewise order provisional
measures as soon as a request is announced. Such measures shall be revoked if the foreign State
does not make the request within the deadline set.
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Appeals filed against rulings based on this Article do not have suspensive effect.
Art. 18a51
Surveillance of postal and telecommunications traffic
In extradition cases, the Federal Office may, at the express request of another State order the
surveillance of postal and telecommunications traffic in order to establish the whereabouts of
the defendant.
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In other mutual assistance cases, the following authorities may order the surveillance of postal
and telecommunications traffic:
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a.
the Office of the Attorney General of Switzerland or of the Cantonal Public Prosecutor;
b.
the Federal Office, if it is executing the request for mutual assistance itself.
The surveillance order must be submitted to the following authorities for approval:
a.
by the federal authorities: the federal compulsory measures court;
b.
by the cantonal authorities: the cantonal compulsory measures court.
The requirements for surveillance and the procedure shall otherwise be governed by Articles 269–279 CrimPC52 and the Federal Act of 6 October 200053 on the Surveillance of Postal
and Telecommunications Traffic.
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Art. 18b54
Electronic communications traffic data
The federal or cantonal authority dealing with a request for mutual assistance may order the
transmission of electronic communications traffic data to another State before conclusion of the
mutual assistance proceedings if:
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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 Annex No 4 of the FA of 6 Oct. 2000 on the Surveillance of Mail and Telecommunication
Services (AS 2001 3096; BBl 1998 4241). 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).
SR 312.0
[AS 2001 3096, 2003 2133 annex No 18 3043 No I 2, 2004 2149 3693, 2006 2197 annex No 84 5437
Art. 2 No 3, 2007 921 annex No 3 5437 annex No II 7, 2010 1881 annex 1 No II 26 3267 annex II 14,
2012 3745 annex No 7, 2017 4095 annex No II 12. AS 2018 117]. See now the FA of 18 March 2016
(SR 780.1).
Inserted by Art. 2 No 2 of the FD of 18 March 2011 (Council of Europe Convention on Cybercrime),
in force since 1 Jan. 2012 (AS 2011 6293; BBl 2010 4697).
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