351.1
c.
Mutual Assistance
if the requested State so requests, the original or officially authenticated copy of the
criminal file.
Art. 104
Decision on the request
After consulting with the authority which will execute the request, the Federal Office shall
decide whether to accept the foreign request. If it accepts, it shall convey the file and its opinion to the executing authority and inform the requesting State. Article 91 paragraph 4 applies
by analogy.
1
If there is Swiss jurisdiction and if a sentence which is more severe than the one provided by
Swiss law was imposed abroad, the prosecution may be taken over instead of the enforcement
of the judgment if the requesting State so requests.
2
Section 2
Procedure of Exequatur
Art. 105143
Competent judge
The competent court under Article 32 CrimPC144 shall inform the convicted person of the
applicable procedure, hear him on the matter, as well as his counsel, and decide on enforcement.
Art. 106
Declaration of exequatur
The court shall examine ex officio whether the conditions for enforcement are met and gather
the necessary evidence.
1
If the conditions are met, the court shall declare that the decision may be enforced and take
the measures necessary for enforcement.
2
The decision shall be made in the form of a judgment containing a statement of the rationale
therefor. Cantonal law shall provide for an appeal.
3
Section 3
Enforcement
Art. 107
Execution of the sentence
1
The sentence determined by the court shall be executed in accordance with Swiss law.
Execution shall be discontinued if the decision is no longer enforceable in the requesting
State.
2
If enforcement relates solely to a decision on costs, the amounts collected after deduction of
the costs incurred shall be transferred to the requesting State if it guarantees reciprocity.
3
Art. 108
Costs
In addition to the costs for the execution of the sentence, the costs of exequatur proceedings
and other enforcement measures shall also be regarded as costs in accordance with Article 31.
143
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).
144 SR 312.0
38