Vorbehalte und Erklärungen für Vertrag Nr.024 - Europäisches Auslieferungsübereinkommen

Art der Erklärung : Vorbehalte
Datum 22/10/2017

Schweiz

Reservation contained in the instrument of ratification, deposited on 20 December 1966 - Or. Fr.

The Swiss Federal Council declares that extradition by Switzerland is in all cases subject to the condition that the person claimed is not brought before an extraordinary court (tribunal d'exception). It therefore reserves the right to refuse extradition:

a. if there is a possibility that the person claimed, if extradited, will be brought before an extraordinary court (tribunal d'exception) and if the requesting State does not give assurances deemed sufficient, that the judgment will be passed by a court which is generally empowered under the rules of judicial administration to pronounce on criminal matters;

b. if extradition is requested for the purpose of carrying out a sentence passed by an extraordinary court (tribunal d'exception).
In Kraft: 20/03/1967 -
Artikel betroffen : 1

Reservation contained in the instrument of ratification, deposited on 20 December 1966 - Or. Fr. - and withdrawn by letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983 - Or. Fr.

Having regard to the requirements of Swiss law on extradition, Switzerland reserves the right to refuse extradition if the offence alleged against the person claimed does not combine the constituent elements of one of the offences set out in the list deposited with the Secretariat of the Council of Europe as an annex to this declaration.

List of extraditable offences under Swiss law

(Annex to the reservation on Article 2, paragraph 1,
of the European Convention on Extradition)

Section 3 of the Federal Act of 22 January 1892 on extradition to foreign States provides that persons who have committed, attempted to commit or been accomplices to any of the acts mentioned below, may be extradited, provided that the act in question is an offence under general criminal law and is punishable both under the law of the place of refuge and under the law of the requesting State

I. Offences [The term "offences" in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against persons

1. Voluntary homicide with premeditation, voluntary culpable homicide without premeditation, involuntary homicide;

2. Infanticide and abortion;

3. Exposure or abandonment of children or defenceless persons;

4. Injuries which have resulted in death or lasting infirmity or inability to work for more than 20 days; participation in an affray which had consequences of this nature;

5. Ill-treatment of parents by their children; habitual ill-treatment of children by their parents or by the persons under whose authority they have been placed.

II. Offences [The term "offences" in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against the freedom of persons and family rights

6. Abduction of adults or children by force, menace or fraud;
7. Unlawful restraint of persons;
8. Kidnapping of minors;
9. Violation of domicile with aggravating circumstances;
10. Threats to attack persons or property;
11. Falsification or destruction of documents showing a person's civil status.

III. Offences [The term "offences" in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against morals

12. Rape, indecent assault committed with use of force or on a defenceless person or on a person suffering from mental incapacity;

13. Indecent acts committed on children, or an anyone by a person in whose care he or she has been placed;

14. Corruption of minors by their parents, guardian or any other person entrusted with their supervision;

15. Professional procuring; traffic in women and children;

16. Acts of indecency causing a public scandal;

17. Incest;

18. Bigamy.

IV. Offences [The term "offences" in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against property

19. Brigandage (piracy), extortion, theft, receiving of stolen goods;
20. Fraudulent conversion (misappropriation) and breach of trust;
21. Wilful damage to property;
22. False pretences, fraudulent bankruptcy, and fraud in connection with bankruptcy or seizure.

V. Offences[The term "offences" in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against faith (foi publique)

23. Counterfeiting or forging of coins or paper money or official stamps representing a value (postage stamps, etc.), banknotes, bonds, shares and other securities issued by the government or by corporations, companies or individuals; introduction, issue or placing in circulation of such counterfeit or forged objects with fraudulent intent;

24. Counterfeiting or forging of seals, dies, stamps or plates; fraudulent use or misuse of counterfeit or genuine seals, stamps, dies or plates;

25. Forging or counterfeiting of documents; uttering of forged instruments (fraudulent use of counterfeit or forged documents), abstraction of documents, misuse of a paper signed in blank;

26. Moving of boundary-marks.

VI. Offences [The term "offences" in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] constituting a public danger

27. Causing of fire, misuse of explosives, causing of flooding intentionally or through lack of care or imprudence ;

28. Destroying or damaging, wilfully or through lack of care or imprudence, of railways, steamboats, postal installations, or electrical equipment and lines (telegraph, telephone) and endangering of their use;

29. Acts committed wilfully or through lack of care or imprudence liable to cause the destruction, grounding or loss of a ship;

30. Spreading of contagious diseases, epidemics or epizootics, wilfully or through lack of care or imprudence; impairing of springs, wells or other water through harmful substances constituting a public danger;

31. Intentional imitation or adulteration of foodstuffs constituting a danger to human health or the health of animals; offering for sale or placing in circulation of such unhealthy or tainted foodstuffs, with concealment of their harmfulness;

31bis. Wilful infringement of the regulations on narcotics, insofar as such infringement is punishable by imprisonment.

VII. Offences [The term "offences" in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] against the administration of justice

32. False accusation;

33. Perjury or misrepresentation under a solemn promise;

34. False evidence, false report by an expert, false declaration by an interpreter; subornation of witnesses, experts or interpreters.

VIII. Offences [The term "offences" in Article 3 of the law on extradition here means both serious offences and correctional offences under criminal law] relating to the exercise of official duties

35. Bribery of public officials, jurors, arbitrators or experts;

36. Misappropriation and extortion by public officials; abuse of authority as a result of bribery or with fraudulent intent;

37. Destruction of letters or telegrams, violation of the secrecy of letters or telegrams by post office employees.

Section 154 of the Federal Act of 23 September 1953 on shipping under the Swiss flag provides that offences punishable under the Act by imprisonment for one year or by a more severe sentence are extraditable within the meaning of Swiss legislation on extradition to foreign States. The offences in question are:

- intentional or negligent endangering of vessel (Section 128);
- intentional or negligent endangering of shipping (Section 129);
- putting to sea of an unseaworthy vessel (Section 131);
- failure to give assistance (Section 133(1));
- abandonment of ship in peril (Section 134);
- failure to exercise command (Section 135(1));
- abuse of authority and unauthorised assumption of authority (Section 136(1));
- drunkenness (Section 139(1));
- disobedience (Section 140(3));
- unauthorised taking on board of persons and objects (Section 141(1));
- endangering of shipowner or master through smuggling (Section 142(1) and (3));
- misuse of flag (Section 143(1));
- fraud in registration (Section 144(1));
- unlawful removal of a vessel held by the authorities, infringement of a regulation of the authorities (Section 145);
- improper transfer (Section 146).
In Kraft: 20/03/1967 - 26/01/1983
Artikel betroffen : 2

Reservation contained in the instrument of ratification, deposited on 20 December 1966 - Or. Fr.

Notwithstanding Article 3, paragraph 3, of the Convention, Switzerland reserves the right to refuse extradition on the basis of Article 3, paragraph 1 when it is requested for the taking or attempted taking of the life of a Head of State or a member of his family.
In Kraft: 20/03/1967 -
Artikel betroffen : 3

Reservation contained in the instrument of ratification, deposited on 20 December 1966 - Or. Fr. - and withdrawn by letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983 - Or. Fr.

The Swiss Federal Council declares that, under present Swiss legislation, extradition can be granted for an offence committed in Swiss territory or in a place treated as that territory only in application of Article 2, paragraph 2, that is, where the person claimed is in any event being extradited to the requesting State in respect of other offences not subject to Swiss jurisdiction and it is considered desirable, particularly in the interests of his social rehabilitation, that all the offences of which he is accused be dealt with at the same proceedings.
In Kraft: 20/03/1967 - 26/01/1983
Artikel betroffen : 7

Reservation contained in the instrument of ratification, deposited on 20 December 1966 - Or. Fr.

Switzerland reserves the right to refuse extradition, in derogation of Article 9, if the decisions motivating the refusal of extradition in accordance with that Article have been rendered in a third State in whose territory the offence was committed.
In Kraft: 20/03/1967 -
Artikel betroffen : 9

Reservation contained in the instrument of ratification, deposited on 20 December 1966 - Or. Fr. Switzerland reserves the right to grant extradition, notwithstanding the first sentence of Article 9, if it has granted extradition for other offences and the requesting State has shown that new facts or evidence which have come to its knowledge justify a review of the decision motivating the refusal for extradition in accordance with this Article, or if the person sought has not served all or part of the punishment imposed on him by that decision.
In Kraft: 20/03/1967 -
Artikel betroffen : 9

Reservation contained in the instrument of ratification, deposited on 20 December 1966 - Or. Fr.

Switzerland reserves the right to apply Article 11, mutatis mutandis, also in cases where the law of the requesting State provides that the person claimed may, in respect of the offence for which extradition is requested, be sentenced to corporal punishment or be subjected to such treatment against his will.
In Kraft: 20/03/1967 -
Artikel betroffen : 11

Reservation contained in the instrument of ratification, deposited on 20 December 1966 - Or. Fr.

Switzerland asks that any request addressed to it in accordance with Article 16, paragraph 2, contain a brief description of the offence alleged against the person claimed, including the essential particulars by which the nature of the offence can be appraised with reference to the law of extradition.
In Kraft: 20/03/1967 -
Artikel betroffen : 16

Reservation contained in the instrument of ratification, deposited on 20 December 1966 - Or. Fr.

Switzerland reserves the right not to authorise transit in cases where the offence alleged against the person claimed comes within the provisions of Article 5 of the Convention or constitutes an infringement of commodity trade, restrictions of market regulations.
In Kraft: 20/03/1967 -
Artikel betroffen : 21


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