International Mutual Legal Assistance in Criminal Matters

Mutual Legal Assistance in Criminal Matters

International mutual legal assistance (MLA) in criminal matters enables states to cooperate in prosecuting cross-border criminal offences. In Switzerland, it is governed by the Federal Act on International Mutual Assistance in Criminal Matters (IMAC, SR 351.1).

Forms of Assistance

The IMAC distinguishes four forms of cooperation:

1. Extradition (art. 32-53 IMAC): surrender of a person being prosecuted or convicted to a foreign state
2. Ancillary assistance (art. 63-80 IMAC): execution of investigative measures (hearings, searches, seizures, transmission of documents)
3. Delegation of criminal prosecution (art. 85-93 IMAC): transfer of criminal proceedings to a foreign state
4. Enforcement of foreign criminal decisions (art. 94-108 IMAC)

Conditions for Assistance

Assistance is granted if:

1. The offence is also punishable in Switzerland (dual criminality, art. 64 para. 1 IMAC)
2. The request comes from a competent authority
3. Fundamental procedural rights are guaranteed in the requesting state
4. The offence is not of a political, military or fiscal nature (with exceptions)

The Speciality Principle

The requesting state may only use information obtained through MLA for the offence that prompted the request (art. 67 IMAC). This principle protects persons concerned against misuse of transmitted data.

The Role of the FOJ

The Federal Office of Justice (FOJ) is the central authority for mutual legal assistance. It receives foreign requests, transmits them to the competent cantonal authorities and ensures compliance with legal conditions.

Remedies

Decisions on mutual legal assistance may be appealed to the Federal Criminal Court (FCC), then to the Federal Supreme Court in important cases (art. 84 FSCA).