Switzerland

Federal Law on Cooperation with the International Criminal Court

CHAPTER IV: OTHER FORMS OF COOPERATION
SECTION III: PROCEDURE

Art. 42 Content of a request

1 A request shall contain:
a. a concise statement of the essential facts underlying the request, as well as the legal description of the act;
b. information as accurate and complete as possible about the person against whom the criminal proceedings are being conducted;
c. a concise statement of the purpose of the request and the cooperation sought, including the legal basis and the grounds for the request;
d. if applicable, as much detailed information as possible about the location or identification of any person or about any place or site that must be found or identified in order for the cooperation sought to be provided;
e. if applicable, the reasons for and details of any procedure or condition to be followed.

2 If a request does not satisfy the requirements of paragraph 1, the Central Authority may ask that the request be improved or supplemented; this shall not affect orders of preserving measures.

Art. 43 Decision to proceed and execution of request

1 Upon considering the request, the Central Authority shall issue a decision to proceed containing a summary explanation that cannot be appealed. The Central Authority shall designate the federal authorities or the canton responsible for the execution of the request and shall order the measures admissible for cooperation.

2 If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request refers, the Central Authority may postpone the execution of the request for a period of time agreed upon with the Court.

Art. 44 National Security

1 If the Central Authority has serious grounds to believe that the execution of a request could prejudice national security interests, it shall immediately inform the Department.

2 Where paragraph 1 applies, the Department may suspend execution measures.

3 Upon request of the Department, the Federal Council shall deny the request of the Court for cooperation, to the extent that granting the request would prejudice national security.

Art. 45 Notification of decisions

1 The executing authorities and the Central Authority shall notify their decisions upon the persons who, as provided in article 50, have a right to appeal and whose usual residence or service address is in Switzerland.

2 The right to notification shall expire once the order terminating the proceedings is executory.

Art. 46 Assistance at the proceedings and access to the files

1 To the extent necessary to protect their interests, persons may assist at the proceedings and examine the records.

2 The rights provided in paragraph 1 may, to the extent necessary, be restricted:
a. in the interest of the proceedings before the Court;
b. to protect an essential legal interest, provided that the Court asks for such protection;
c. due to the nature or the urgency of the measures to be taken;
d. to protect essential private interests;
e. in the interest of Swiss proceedings.

3 The holders of documents have the right to inform their clients of the existence of a request and of all facts related to it, provided this has not expressly been prohibited by the
Central Authority either in exceptional circumstances or upon request of the Court and under menace of sanctions as provided in article 292 of the Criminal Code.

Art. 47 Simplified procedure

1 Persons who, as provided in article 50, have a right to appeal, in particular the holders of objects, documents, information, or assets, may consent to the handing over thereof to the Court until completion of the proceedings. Such consent shall be irrevocable.

2 If all persons entitled according to paragraph 1 give their consent, the executing authorities shall record this consent in writing and notify the Central Authority. The Central Authority shall complete the proceedings without issuing a final order.

3 If the handing over includes only part of the requested objects, documents, information,
or assets, the regular procedure shall be followed for the remainder.

Art. 48 Final decision

When the Central Authority considers a request to be entirely or partially completed, it shall issue a decision, with reasons on whether cooperation is granted and to what extent.

Keywords

National procedures for execution of requests for other forms of cooperation



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