Mutual Assistance Act Art. 37 351.1 Denial Extradition may be denied if Switzerland can assume responsibility for the prosecution of the offence or the execution of the foreign criminal judgment and if this appears to be appropriate with regard to the social rehabilitation of the defendant. 1 Extradition shall be denied if the request is based on a verdict issued in the absence of the defendant and if the minimum rights of the defence to which a defendant is recognised to be entitled were not respected in the proceedings preceding the verdict; this rule does not apply if the requesting State gives sufficient assurances to guarantee the defendant the right to new court proceedings where the rights of the defence are respected.78 2 Extradition shall also be denied if the requesting State fails to guarantee that the defendant will not be sentenced to death, that an already pronounced death penalty will not be carried out, or that he will not be subjected to treatment that will impair his physical integrity.79 3 Art. 38 1 Conditions The defendant may be extradited only on condition that the requesting State: a. neither prosecutes nor sentences nor re-extradites him to a third State for any offence committed prior to his extradition and for which extradition was not granted; b.80 does not deprive him of his liberty on any other ground that existed before his extradition; c.81 does not bring him before an extraordinary court; and moreover d. 2 sends the Swiss authorities, at their request, an officially certified copy of the decision which concludes the criminal proceedings. The conditions of paragraph 1 letters a and b no longer apply if: a. the defendant or extradited expressly waives them; or b. the person extradited: 1. in spite of being advised of the consequences has not left the territory of the requesting State within forty-five days of his conditional or final release despite having the opportunity to do so, or if, after leaving that territory, he has returned, or 2. has been returned by a third State.82 Art. 39 Extension If the extradited person is charged with other offences, the State to which he was extradited may be permitted, on making a new request, to prosecute these offences as well. Art. 40 Requests by more than one State If two or more States request extradition for the same offence, extradition shall be granted as a rule to the State where the offence was committed or principally perpetrated. 1 If extradition is requested by more than one State for different offences, the decision shall be made having due regard to all circumstances, especially the seriousness of the offences, the place of commission, the chronological order in which the requests were received, the national- 2 78 79 80 81 82 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 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 17