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Uluslararası Adli İşbirliği
Art. 5 Extinction of the Penal Claim
(1) A request shall not be granted if
(a) in Switzerland or in the State where the offence was committed, the judge
(1) acquitted the defendant or discontinued the proceedings for material reasons;
or
(2) renounced or provisionally abstained from imposing
a sanction;
b.the sanction was executed or cannot be executed according to the laws of the State where
the sentence was passed;
c. its execution requires compulsory measures and the prosecution or execution of the sen-
tence were absolutely barred under Swiss law by the statute of limi-tations.
(2) Paragraph 1 letters a and b do not apply if the requesting State asserts that there are re-
asons for a revision of the final sentence in the sense of article 229 of the Federal Act of 15 June
1934 on Federal Criminal Procedure.
Art. 6 Concurrence of Exclusion and Admissibility of Cooperation
(1) If the act imputed to the person pursued falls under several articles of the Swiss penal law,
the request may be granted only with regard to those offences for which there are no reasons for
exclusion and if there is a guarantee that the requesting State will respect the conditions impo-
sed.
(2) Cooperation shall not be permitted if the proceedings concern an act which falls under
several articles of the Swiss or foreign penal law and if, with regard to one of ese offences, which
covers the act in all its elements, a request may not be granted.
Section 3: Special Rules
Art. 7 Swiss Nationals
(1) No Swiss national may, without his written consent, be extradited or surrendered to a fo-
reign State for prosecution or execution of a sentence. The consent may be with-drawn up to the
time when the surrender is ordered.
(2) Paragraph 1 shall not apply to transit or return of a Swiss national who is temporar-ily sur-
rendered by a third State to the Swiss authorities.
Art. 8 Reciprocity
(1) As a rule, a request shall be granted only if the requesting State guarantees recip-rocity. The