351.1
Mutual Assistance
The Appeals Chamber of the Federal Criminal Court may grant suspensive effect to an interim ruling in accordance with paragraph 2 if the person entitled shows probable cause that
immediate and irreparable prejudice as defined in Article 80e, paragraph 2 may result.128
3
Section 4129 Special Provisions
Art. 80m
1
Notification of rulings
The executing authority and the appellate authority shall give notice of their rulings to:
a.
the entitled person living in Switzerland;
b.
the entitled person living abroad and with an address for service of documents in Switzerland.
The right to notification shall end when the ruling concluding the mutual assistance proceedings becomes legally enforceable.
2
Art. 80n
Right to inform
Holders of documents have the right to inform their clients of the existence of the request and
of all the facts relating thereto unless the competent authority has, as an exception, expressly
prohibited this and made reference to Article 292 of the Swiss Criminal Code130 and the penalties that it carries.
1
The person entitled who intervenes in pending proceedings may no longer challenge rulings
that have become legally enforceable.
2
Art. 80o
Inquiry addressed to the requesting State
If additional information is necessary, the executing or the appellate authority shall request
the Federal Office to obtain it from the requesting State.
1
If necessary, the competent authority shall suspend dealing with all or part of the request and
rule on the points that may be dealt with based on the documents available.
2
The Federal Office shall give the requesting State an appropriate deadline by which to respond. If the deadline given is not respected, the request for mutual assistance shall be examined based on the documents available.
3
Art. 80p
Conditions subject to acceptance
The executing and the appellate authority as well as the Federal Office may make the granting
of mutual assistance wholly or partly subject to certain conditions.
1
The Federal Office shall communicate the conditions to the requesting State when the ruling
on the granting and the extent of the mutual assistance is final and shall give it an appropriate
deadline by which to accept or refuse. If the deadline given is not respected, mutual assistance
may be granted on the points that are not subject to conditions.
2
The Federal Office shall examine if the response of the requesting State satisfies the conditions set.
3
128
Amended 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).
129 Inserted by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
130 SR 311.0
32