Mutual Assistance Act 351.1 Their presence may also be permitted if it substantially helps to facilitate the execution of the request or the foreign criminal proceedings. 2 Their presence may not lead to their obtaining access to information within the scope of secrecy before the appropriate authority has decided whether, and to what extent, assistance may be granted. 3 Art. 66 Principle of «Ne bis in idem»107 Assistance may be denied if the defendant resides in Switzerland and proceedings are already pending here regarding the offence to which the request relates. 1 However, assistance may be granted if the proceedings carried out abroad are not directed solely against the defendant who is residing in Switzerland, or if the execution of the request serves to exonerate him.108 2 Art. 67109 Principle of speciality Information and documents obtained through mutual assistance may not be used for investigative purposes or as evidence in the requesting State in any proceedings relating to an offence for which assistance is not admissible. 1 Any further use shall be subject to approval by the Federal Office. This approval is not necessary if: 2 a. the act to which the request relates constitutes another offence for which mutual assistance would be granted; or b. the foreign criminal proceedings are directed against other persons who have participated in committing the offence. Presence at the mutual assistance proceedings and access to the files shall be permitted under the same conditions (Art. 65a para.1). 3 Art. 67a110 Spontaneous transmission of information and evidence An authority prosecuting offences may, without being requested to do so, transmit to a foreign authority prosecuting offences information or evidence that it has gathered in the course of its own investigation, when it determines that this transmission may: 1 a. permit the opening of criminal proceedings; or b. facilitate an ongoing criminal investigation. The transmission as defined in paragraph 1 does not have any effect on the criminal proceedings pending in Switzerland. 2 The transmission of evidence to a State with which Switzerland does not have an international agreement shall be subject to authorisation by the Federal Office. 3 4 Paragraphs 1 and 2 do not apply to evidence that is subject to the rules on secrecy. Information that is subject to the rules on secrecy may be transmitted if it may enable the foreign State to present a request for mutual assistance. 5 6 A record shall be made of each spontaneous transmission. 107 108 109 110 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). Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 25