Mutual Assistance Act 351.1 The ruling of the Federal Office is subject to an appeal to the Appeals Chamber of the Federal Criminal Court within ten days of its notice being given in writing. The decision of the Appeals Chamber is final.131 4 Art. 80q Costs The requesting State shall be charged for: a. the remuneration of experts; b. the return of objects or assets for the purpose of restitution to the person entitled. Art. 8–84132 Part Four Chapter 1 Section 1 Transfer of Proceedings Conditions Prosecution in Switzerland on behalf of another State Art. 85 Principle At the request of the State in which the offence was committed, Switzerland may prosecute on its behalf an offence committed abroad if: 1 a. extradition is not permitted; b. the defendant has to face charges in Switzerland for other more serious offences and c. it is guaranteed that the requesting State will not prosecute him for the same offence after acquittal or completing a sentence in Switzerland. 2 A foreign national who is habitually resident in Switzerland may also be prosecuted in Switzerland if his extradition cannot be justified and prosecution in Switzerland seems appropriate with regard to his personal situation and social rehabilitation. These provisions do not apply if the offence is subject to Swiss jurisdiction on the basis of another provision.133 3 Art. 86 Applicable law The offence shall be judged according to Swiss law as if it had been committed in Switzerland. 1 The foreign law applies if it is more lenient. The court may impose only the sentences provided for by Swiss law. 2 3 Proceedings in the absence of the defendant are not permitted. 131 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FA of 17 June 2005 on the Federal Administrative Court, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202). 132 Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 133 Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1). 33

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