Mutual Assistance Act Section 3 Detention awaiting Extradition and Seizure Art. 47 Arrest warrant and other rulings 351.1 The Federal Office shall issue an arrest warrant with a view to extradition. It may decline to do so, especially if the defendant: 1 a. will probably not elude extradition and will not endanger the criminal investigation or b. can prove without delay that he was not at the place of the offence when it was committed. If the defendant is unfit to remain in detention or if there are other valid reasons, the Federal Office may order measures other than detention to ensure his presence. 2 At the same time the Federal Office shall rule on which objects and assets will remain seized or must be seized. 3 Art. 48 1 Content Rulings under Article 47 shall contain: a. information, provided by the foreign authority, concerning the identity of the defendant and the offence alleged against this person; b. the name of the office which made the request; c. the confirmation that extradition will be requested; d. the notice regarding the right of appeal under paragraph 2 and the right to appoint a legal adviser. An appeal against these rulings may be filed with the Appeals Chamber of the Federal Criminal Court within ten days of the serving of the written arrest warrant with a view to extradition. Articles 379–397 CrimPC84 apply by analogy to the appeal procedure.85 2 Art. 49 1 Execution The execution of rulings under Article 47 is a matter for the cantonal authorities. The arrest warrant with a view to extradition may not be executed while the defendant is held in detention awaiting trial or is serving a sentence.86 2 The defendant may neither be released nor deported from Switzerland without the consent of the Federal Office. 3 Art. 50 Release from detention The Federal Office shall order the release of the person concerned from detention 18 days after arrest if the request for extradition and the documents supporting it have not been received.87 This period may be extended for special cause by up to 40 days. 1 If the defendant is already detained, the period shall start when he is detained with a view to extradition. 2 84 85 86 87 SR 312.0 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). 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). 19