Key Benefits:
22 June 2001 (State 1 Er January 2011)
1 This Law governs cooperation with the International Criminal Court (Court) established by the Rome Statute of the International Criminal Court of 17 July 1998 (Statute) 1 .
2 In particular, it rules:
1 The Federal Office of Justice establishes a central service responsible for cooperation with the Court.
2 In particular, the central service has the following responsibilities:
The Central Service shall consult the Court in accordance with Art. 97 of the Statute 1 , in particular where the execution of the application:
1 The cantonal and federal authorities responsible for the execution of the application shall diligently carry out the measures ordered by the central service, without carrying out procedural acts on the merits.
2 The acts to which they are proceeding are not subject to appeal.
1 At the request of the Federal Department of Justice and Police (Department), the Federal Council decides on matters of immunity within the meaning of s. 98 in relation to s. 27 of the Statute 1 , which occur during the execution of a request.
2 In the cases referred to in para. 1, the department may order an arrest or other interim measures.
1 Where the Court claims jurisdiction to conduct proceedings, the Central Service may, in agreement with the competent authority to conduct the proceedings in Switzerland, assert the jurisdiction of the Swiss court within the meaning of Art. 18 of the Statute 1 Or, if necessary, challenge the jurisdiction of the Court under s. 19 of the Statute.
2 If the central service does not dispute the jurisdiction of the Court or if the Court, after its own examination of the case, reaches its conclusion that it is competent, all documents relating to the proceedings in Switzerland shall be forwarded to the Court. The competent Swiss authority shall suspend the procedure.
3 The decision to challenge the jurisdiction of the Court is not subject to appeal.
1 The central service may spontaneously transmit to the Court the evidence and information that a Swiss criminal prosecution authority has collected for the purposes of its own investigation, if such transmission permits the opening of a prosecution Facilitate the conduct of an ongoing investigation.
2 There is no remedy against transmission.
1 The Court's applications must be in writing. The central service is entitled to receive them directly from the organs of the Court.
2 If they are not written in French, German or Italian, the applications and supporting documents must be accompanied by a certified translation into one of those languages.
3 Provided that they are subsequently confirmed by the ordinary course, requests for interim measures, searches or arrests and requests made in the event of an emergency may:
4 When declaring an application inadmissible or rejecting it, the central service shall immediately inform the Court, stating the reasons. Before definitively rejecting an application, it shall consult the Court.
1 The cantonal and federal criminal prosecution authorities may require the cooperation of the Court in cases of serious crime. The Central Service forwards the applications to the Court.
2 If the supporting documents are not written in English or French, they must be accompanied by a translation into one of those languages. Moreover, the requirements to be met by the Court's applications shall apply mutatis mutandis to applications from Switzerland.
3 The Swiss authorities are obliged to respect the conditions which the Court attaches to the execution of the application.
1 As a general rule, the Court's applications are executed free of charge. The exception is:
2 The federal and cantonal authorities shall not charge between any fees or compensation for the work resulting from the execution of the Court's applications.
3 The costs of a detention ordered by the central service and, where appropriate, those resulting from the appointment of an ex officio defender shall be borne by the Confederation. They are calculated on the basis of the scales applied by the Court for the compensation of the host State (Art. 3, para. 1, of the Statute).
1 At the request of the Court, the central service may authorise the transit of a detainee and the measures resulting therefrom, without proceeding to the hearing of the detainee.
2 An authorization is not required when the inmate is required to transit through Switzerland by air, non-stop.
3 In the event of an unscheduled landing, the person transported must be detained. In such a case, the central service immediately orders the Court to submit a request for transit. If the request is not received within 96 hours of the arrest, the person concerned must be released. If the request for transit arrives at the central service at a later date, the person transported may be re-arrested and the transit may be authorised.
4 The transit authorisation is not subject to appeal.
1 If Switzerland receives a request from the Court for surrender and another State a request for the extradition of the same person, the central service shall decide on the application of Art. 90 of the Statute 1 .
2 If Switzerland receives from the Court and another State competing applications other than surrender or extradition, the central service shall decide in accordance with Art. 93, para. 9, of the Statute.
3 If the central service has given priority at the request of the requesting State and the requesting State is subsequently rejected, it shall immediately notify the Court.
1 Art. 429 and 431 of the Code of Criminal Procedure of 5 October 2007 (CPP) 1 Shall apply by analogy to the procedure conducted in Switzerland, in accordance with this Law and upon application by the Court, against the person being prosecuted. 2
2 The allowance may be reduced or denied when the person being prosecuted has caused the investigation or detention or has obstructive or prolonged the proceedings.
3 The allowance payable for detention in Switzerland for surrender purposes may also be reduced when the Court:
4 The compensation shall be refused in so far as the Court has already granted or refused compensation in accordance with Art. 85 of the Statute 3 .
1 RS 312.0
2 New content according to the c. II 14 of Annex 1 to the Code of Criminal Procedure of 5 October. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
3 RS 0.312.1
1 A person is surrendered to the Court if it is apparent from the application and the supporting documents that the offence falls within the jurisdiction of the Court.
2 When the Court examines a challenge to its jurisdiction in accordance with s. 17 to 19 of the Statute 1 , the central service may adjourn the application until it has decided.
3 When a Switzerland is handed over to the Court, the central service requests the Court to repatriate it at the end of the proceedings.
1 The application for arrest and surrender of a person who is the subject of a warrant issued by the Court shall contain:
2 The request for arrest and surrender of a person who has already been convicted contains:
3 The application must be accompanied by:
1 The search and arrest request contains:
2 Once the request has been accepted, the central service initiates the search and orders the arrest and, if necessary, the search of the person concerned.
3 At the time of arrest, the objects and values which may be used as evidence in the proceedings initiated by the Court or which are relevant to the infringement shall be seized.
4 The Central Service is notified of the arrest and seizure. He shall immediately inform the Court and invite him to submit a request for surrender.
1 In preparation for the arrest or immediately after the arrest, the Central Service shall issue an arrest warrant for surrender. It contains:
2 If the person being prosecuted is not able to be held in detention or other circumstances warrant, the central service may, after having informed the Court and have fully taken into consideration the recommendations of the Court, order Other security measures in place of detention.
3 When notifying the warrant of arrest for surrender, the enforcement authority shall check whether the person being prosecuted is the person to which the application relates. It sets out the conditions for the rebate and the simplified rebate (s. 23). It shall briefly hear the person being prosecuted on his/her personal situation and ask him if she has any objections to the execution of the arrest warrant for surrender or surrender, and if so, on what grounds she shall prevail; May participate in this hearing.
4 The person prosecuted may bring an appeal before the Court of Appeals of the Federal Criminal Court against the arrest warrant for surrender within ten days of the written notification. Art. 379 to 392, CPP 1 Apply by analogy to the appeal procedure. 2
1 RS 312.0
2 New content according to the c. II 14 of Annex 1 to the Code of Criminal Procedure of 5 October. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
1 As a general rule, the person to be returned is held in custody throughout the proceedings.
2 Detention for remission may exceptionally be waived at any stage of the proceedings where circumstances warrant. The person being prosecuted may submit an application for release at any time. Before deciding, the central service shall notify the Court and take full account of its recommendations. The person prosecuted may bring an appeal before the Court of Appeals of the Federal Criminal Court against the decision of the Central Service within ten days of the written notification. Art. 379 to 392 PPC 1 Apply by analogy to the appeal procedure. 2
3 If the person being prosecuted is already in pre-trial detention or is serving a sentence, the arrest warrant for the purposes of remission, in particular, shall, subject to the Court's contrary indications, have the following effects:
1 RS 312.0
2 New Content of the 4 E And 5 E Sentences according to c. II 14 of Annex 1 to the Code of Criminal Procedure of 5 October. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
1 In the absence of the request for surrender and the supporting documents, the central service shall order enlargement no later than 60 days after the arrest.
2 If the person being prosecuted is already in pre-trial detention or is serving a sentence, the period prescribed in para. 1 begins to run at the time the incarceration takes place for the surrender.
3 The person being enlarged in accordance with para. 1 may be rearrested and remitted to the Court when the application and supporting documents subsequently reach the competent authority.
4 In addition, s. 238 to 240 CPP 1 Apply by analogy to enlargement. 2
1 RS 312.0
2 New content according to the c. II 14 of Annex 1 to the Code of Criminal Procedure of 5 October. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
1 The request for surrender and the supporting documents shall be presented to the person being prosecuted and, where appropriate, to his counsel.
2 The executing authority shall inform the person concerned of the conditions of the surrender and of the simplified surrender; it shall also inform the person of the right:
3 The enforcement authority shall briefly hear the person being prosecuted on his/her personal situation and ask whether he or she has any objections to the surrender and if so, on what grounds. The defender of the latter may participate in this hearing.
1 Unless there are special considerations, the central service allows the transfer of the person to be transferred if the person agrees to waive the surrender procedure, according to a report drawn up by a judicial authority.
2 Where it considers it necessary for the granting of authorisation, the central service may apply to the Court for the transmission of the documents referred to in Art. 17.
3 The person being prosecuted may revoke his registration within the meaning of s. 1 as long as the central service has not authorized the simplified discount.
1 The surrender of the person being prosecuted and the transmission of the seized objects and values shall be subject to the authorisation of the central service.
2 If the person being prosecuted or the central service contests the jurisdiction of the Court, the granting of the authorisation shall be postponed until the Court has rendered its decision.
3 If a third party acquirer in good faith, an authority or an injured party having his habitual residence in Switzerland, claims rights to seized objects or values which can be used as evidence, these objects and values shall be transmitted to the Court only if The latter gives the guarantee to return them free of charge at the end of the proceedings before it.
1 The discount is executed immediately. The central service shall order the necessary measures after agreement with the Court.
2 The central service may postpone the execution of the surrender of a duration agreed with the Court, where the person to be surrendered is prosecuted in Switzerland for other offences or is in detention.
3 If the remission is refused, the central service shall lift the detention for surrender.
1 In the cases referred to in s. 24, para. 2, and 25, para. 2, the central service may authorise the temporary transfer of the person prosecuted if he has been able to ascertain by consulting the Court:
2 As long as the central service has not decided to surrender, the person being prosecuted can only be transferred if the person consents.
The Court may prosecute, punish or detain a person who is given to him because of all the conduct which falls within his or her competence.
In so far as they are not to be handed over to the Court, the goods of the person being prosecuted may be allocated to cover the costs incurred in Switzerland.
1 In the cases referred to in s. 30, cooperation shall be granted to the Court if it is apparent from the application and the supporting documents that the facts fall within the competence of the Court.
2 When the Court examines a challenge to its jurisdiction under s. 17 to 19 of the Statute 1 , the central service may adjourn the application until it has decided, without prejudice to interim measures.
Cooperation within the meaning of this Chapter may include any act of procedure not prohibited by Swiss law, which facilitates the investigation and prosecution of offences within the jurisdiction of the Court or allows for the Recovery of proceeds of such offences, including:
1 At the express request of the Court, the Central Service may order interim measures in order to maintain the existing situation, to protect threatened legal interests or to preserve evidence.
2 If there is a danger in the home, the central service may also order interim measures as soon as the Court announces the submission of an application, where it has sufficient information to examine whether all the conditions are Filled. It shall lift the measures if the Court does not submit the application within the period laid down by the Central Service.
At the express request of the Court, applications shall be carried out in the forms required by the Court, in particular:
Where the Court intends to transmit to another State documents and other evidence which Switzerland has communicated to it and requires its consent, the central service shall:
1 When a person is interviewed in a language that they do not understand or speak perfectly, they benefit from the assistance of a competent interpreter and any translations that the requirements of fairness require.
2 The interviewee may refuse to file:
3 It must be informed of its rights within the meaning of para. 2 before the interrogation.
4 If the respondent claims one of the grounds mentioned in para. 2, the central service decides on the admissibility of the examination.
1 Where there is reason to believe that a person has committed a crime within the jurisdiction of the Court, that person has, in addition to the rights set out in s. 34:
A. The right to be informed before being interrogated that it is suspected of having committed a crime within the jurisdiction of the Court;
2 Before being questioned, the suspected person must be informed of the rights under para. 1.
The Court may notify its decisions and other acts of procedure or documents directly to their addressee in Switzerland by post.
1 The summons to appear before the Court as a witness or expert must be accompanied by the provision of the Rules of Procedure and Evidence of the Court concerning self-incrimination. This provision must be given to the data subject in a language which it is able to understand.
2 The person summoned to appear is not required to act on the summons. The central service shall require from the Court the written guarantee that the witness or expert will be granted a safe-conduit, when a request to that effect has been made.
1 The central service may authorise the prosecutor, if he so requests, to conduct proceedings in Swiss territory within the meaning of Art. 99, para. 4, of the Statute 1 .
2 It shall notify the authorities which, under Swiss law, would be competent to carry out the said acts.
1 Any person not charged who is detained in Switzerland may be temporarily transferred to the Court for the purposes of identification, hearing, confrontation or any other act of inquiry, provided that the person consents in full knowledge of Cause.
2 The Court must grant the person transferred, keep it in custody and give Switzerland the guarantee that the person will be returned as soon as the purpose of the transfer has been reached.
1 The objects, documents or values seized on a probationary basis, as well as the files and decisions, shall be transmitted to the Court at its request.
2 If a third party acquirer in good faith, an authority or an injured party having its habitual residence in Switzerland, claims rights in respect of objects, documents or values referred to in para. 1, they shall be transmitted to the Court only if the Court gives the guarantee to return them free of charge at the end of the proceedings before it.
3 The transmission of objects, documents or values may be postponed as long as they are necessary for criminal proceedings pending in Switzerland if, after consultation, the Court consents.
1 At the request of the Court, the objects or values seized as a precautionary measure may be transmitted to the Court at any time for the purpose of confiscation, from assignment to the Fund for the benefit of the victims (art. 79 of the Statute 1 ) Or restitution to right holders.
2 The objects or values referred to in para. 1 includes:
3 The objects or values seized shall remain so until they have been transmitted to the Court or until such time as the Court has communicated to the central service that it waives their transmission.
4 They may be held in Switzerland:
5 The claims raised by one having a right within the meaning of para. 4 entail the suspension of the transmission of the objects or values to the Court up to the right known. The objects or values at issue may not be given to the person having the right to:
1 The request contains:
2 If an application does not meet the conditions set out in para. 1, the central service may require that it be corrected or completed, without prejudice to provisional measures.
1 The central service reviews the application and makes an entry decision summarily motivated, not subject to appeal. It shall designate the federal authority or the canton responsible for enforcement and shall order the acts admissible in the framework of cooperation.
2 If the immediate execution of the request had to prejudice the proper conduct of an ongoing criminal investigation or prosecution in Switzerland in a case other than the one to which the application relates, the central service may postpone the execution of the It of a duration agreed with the Court.
1 If the central service has serious reasons to believe that the execution of the request could damage national security, it shall immediately inform the department.
2 In the cases referred to in para. 1, the department may suspend all acts necessary for the execution of the application.
3 On a proposal from the Department, the Federal Council refused the Court's request for cooperation, if it considered that the granting of cooperation could undermine national security.
1 The implementing authority and the central service shall notify their decisions to persons who have the right to use s. 50, who have their domicile or a notification home in Switzerland.
2 The right to the notification shall be extinguished when the decision to close the proceedings is enforceable.
1 To the extent that the safeguarding of its interests so requires, a person may participate in the proceedings and consult the file.
2 The rights referred to in para. 1 may be limited if necessary:
3 The holder of the documents shall have the right to inform his principal of the existence of the application and of all the facts relating to it, unless the central service has, exceptionally or at the request of the Court, expressly prohibited, under the Threat of sanctions under s. 292 of the Penal Code 1 .
1 Persons who are qualified to use s. 50, in particular the holders of objects, documents, information or values, may, until the closure of the proceedings, accept that the latter be transmitted to the Court. Their consent is irrevocable.
2 If all persons referred to in para. 1 gives their consent, the executing authority notes it in writing and communicates it to the central service. It closes the proceedings without making a closing decision.
3 If the transmission relates to only part of the objects, documents, information or values required, the ordinary procedure shall continue for the remainder.
Where the central service considers that it has dealt with the application in whole or in part, it shall make a reasoned decision on the granting and scope of the cooperation.
The decision to close the Central Service may be appealed to the Court of Appeals of the Federal Criminal Court.
1 New content according to the c. 32 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, in force since 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).
For the use of any person:
1 The appeal may be filed for breach of federal law, including excess or abuse of the discretion.
2 If the appellant claims reasons which the Court is alone entitled to enjoy under the provisions of the Statute 1 , the central service shall transmit to the Court the case brief, to the extent that it has not yet decided.
3 The period of appeal against the closing decision shall be ten days from the date of notification of the decision.
4 The person who is entitled who intervenes in a pending procedure can no longer resort to a decision of closure entered into force.
1 The action shall have suspensory effect.
2 In an emergency within the meaning of s. 99, para. 2, of the Statute 1 , the central service may ask the Federal Criminal Court and the Federal Court to withdraw the suspensive effect. 2
3 If the Federal Criminal Court and the Federal Court decide to withdraw the suspensory effect, they may attach to their decision the condition laid down in Art. 93, para. 8, let. B, of the Statute. 3
1 RS 0.312.1
2 New content according to the c. 32 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, in force since 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).
3 New content according to the c. 32 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, in force since 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).
1 At the request of the Court, Switzerland may take responsibility for the enforcement of a final and enforceable criminal decision of the Court, if the convicted person:
2 Switzerland can also ensure the recovery of fines imposed by the Court, if the convicted person, while ordinarily resident abroad, has values in Switzerland.
1 The Central Service shall decide upon the request of the Court to take responsibility for the execution of a custodial sentence, after consultation with the enforcement authority.
2 If he accepts the application, he shall inform the Court and shall communicate all relevant information relating to the execution of the sentence.
1 The deprivation of liberty imposed by the Court shall be enforceable in Switzerland at the time the application is accepted by the Central Service. It is imperative; the Court has the sole right to decide on any reduction in the length of detention.
2 Subject to para. 1, the penalty shall be executed in accordance with Swiss law.
3 The central service shall communicate to the Court, at its request, all relevant information relating to the execution of the sentence. The Court may at any time instruct one of its members to check the conditions of detention on the spot and to speak without a witness with the convicted person.
4 The communications between the convicted person and the Court shall be confidential.
If the convict files an application for parole, an appeal or an appeal on appeal or review, his application is forwarded to the central service. It shall forthwith communicate it to the Court, together with all the relevant documents.
1 The costs of transporting the convicted person and the costs referred to in s. 100, para. 1, let. C to e of the Statute 1 Are in charge of the Court.
2 The Confederation shall bear the other costs relating to the execution of the sentence. The costs of detention shall be calculated according to the scale agreed for the execution of sentences between the Court and the host State, in accordance with Art. 103, para. 4, of the Statute.
1 This Law shall be subject to the referendum.
2 The Federal Council shall fix the date of entry into force.
Date of entry into force: 1 Er July 2002 3
1 RS 101
2 FF 2001 359
3 ACF of 4 Feb 2002