Page 1254 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

1242
Uluslararası Adli İşbirliği
the supervision of the Confederation as far as this act is applicable.
(2) The cantons shall determine competency, organisation and administration of the execu-
ting authorities.
Art. 17 Federal Authorities
(1) The Federal Department of Justice and Police (Department) shall decide cases under artic-
le 1, letter a. The decision of the Department can be requested within 30 days after the written
notification of the conclusive decree.
(2) The Federal Office shall receive the requests from abroad and present Swiss re-quests. It
shall handle extradition requests and cause requests for other assistance, transfer of proceedings
and execution of criminal judgments to be examined by the appropriate cantonal or federal aut-
horities, if their execution is not obviously inad-missible.
(3) It shall decide
(a) whether to require a guarantee of reciprocity (art. 8, para. 1);
(b) on the choice of the appropriate procedure (art. 19);
(c) on the admissibility of Swiss requests (art. 30, para. 1).
(4) It may transfer the carrying out of a proceeding partly or completely to the federal autho-
rity which would be competent for punishing the offence if it had been commit-ted in Switzer-
land.
(5) It may also decide that assistance is admitted and allow its execution according to article
79, letter a.
Art. 17a Obligation to Promptness
(1) The competent authority shall execute the requests promptly. It shall rule without delay.
(2) Upon request of the Federal Office, it shall inform on the status of the proceeding, the
reasons for a possible delay and the measures considered. If the delay is not justified, the Federal
Office may intervene with the appropriate authority of supervi-sion.
(3) When the competent authority, without reason, refuses to rule or delays issuing a decree,
its silence shall be taken to mean a negative decision subject to appeal.