Basic HTML Version
1239
Kanunları ve Tercümeleri
Federal Office of Justice25 of the Federal Department of Justice and Police (Federal Office) may
require a guarantee of reciprocity if this is deemed nec-essary.
(2) Reciprocity is in particular not necessary in cases of service of documents or if the execu-
tion of a request
(a) seems advisable by reason of the type of offence or of the necessity of com-
bating certain offences;
(b) is likely to improve the situation of the person pursued or the prospects of his
social rehabilitation; or
(c) serves to clarify an offence against a Swiss national.
(3) The Federal Council may, within the scope of this act, give other States a guarantee of
reciprocity.
Art. 8a Bilateral Treaties
The Federal Council may conclude bilateral agreements with foreign States regard-ing the
transfer of convicted persons as far as those agreements respect the principles of the European
Convention of 21 March 1983 on the Transfer of Sentenced Per-sons.
Art. 9 Protection of Privacy
In the execution of requests, the protection of privacy shall be determined according to the
provisions on the right of witnesses to refuse testimony. The principles of article 69 of the Act on
Federal Criminal Procedure shall apply to the search and to the placing under seal of documents.
Art. 10
Art. 11 Legal Definitions
(1) A person pursued within the meaning of this act is any person suspected, under investiga-
tion or affected by a sanction.
(2) A sanction is any punishment or [other penal] sanction.
Chapter 1a: Management System for Persons, Dossiers and Cases
Art. 11a
1 The Federal Office of Justice operates a management system for persons, dossiers and cases
which can contain data particularly worthy of protection processed in the context of the forms of
cooperation governed by this Act. These data may be proc-essed in order to:
(a) establish whether data relating to a particular person are being processed;