Art. 1 Subject matter
1 Unless other federal acts or international agreements provide otherwise, this Act shall govern all procedures of international cooperation in criminal matters, and in particular:4
- a.
- the extradition of persons who are the subject of criminal prosecution or have been convicted (Part Two);
- b.
- assistance aimed at supporting criminal proceedings abroad (Part Three);
- c.
- the transfer of proceedings and punishment of offences (Part Four);
- d.
- the execution of foreign criminal judgments (Part Five).
2 …5
3 This Act applies only to criminal matters in which recourse to the courts is permitted under the law of the requesting State.
3bis Unless other legislation or international agreements provide otherwise, this Act applies by analogy to proceedings for cooperation in criminal matters with international courts or other inter- or supranational bodies with criminal justice functions if the proceedings relate to:
- a.
- offences under the Twelfth Titlebis, Twelfth Titleter or Twelfth Titlequater of the Swiss Criminal Code6; or
- b.
- offences under other provisions of the criminal law and the court or the body concerned is established by a resolution of the United Nations that is binding on or supported by Switzerland.7
3ter The Federal Council may also stipulate in an ordinance that this Act applies by analogy to procedures for cooperation on criminal matters with other international courts or other inter- or supranational bodies with criminal justice functions if:
- a.
- the court or body is established on the basis of legal provisions that clearly define the powers of court or body in terms of criminal law and criminal procedure;
- b.
- the procedure before the court or body guarantees compliance with the principles of the rule of law; and
- c.
- cooperation serves to safeguard Switzerland's interests.8
4 This Act confers no right to cooperation in criminal matters.9
4 Amended by Art. 59 No 1 of the FA of 22 June 2001 on Cooperation with the International Criminal Court, in force since 1 July 2002 (AS 2002 1493; BBl 2001 391).
5 Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
7 Inserted by No I of the FA of 18 Dec. 2020, in force since 1 June 2021 (AS 2021 233; BBl 2019 7413).
8 Inserted by No I of the FA of 18 Dec. 2020, in force since 1 June 2021 (AS 2021 233; BBl 2019 7413).
9 Amended by No I of the FA of 18 Dec. 2020, in force since 1 June 2021 (AS 2021 233; BBl 2019 7413).