Riserve e dichiarazioni per trattato n°024 - Convenzione europea di estradizione

Natura della dichiarazione : Dichiarazioni, Denunce, Deroghe
Situazione in data del 20/10/2017

Svizzera

Declaration contained in a letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983 - Or. Fr.

The reservation on Article 2, paragraph 2 read as follows:

The Federal Council declares that if extradition is or has been granted in respect of an offence which is extraditable under Swiss law, Switzerland may extend the effects thereof to any other offence punishable under Swiss ordinary law.
Periodo di efficacia: 26/01/1983 -
Articoli in questione : 2

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

The Swiss Federal Council declares that, notwithstanding the reservation made in respect of Article 2, paragraph 1, Switzerland may, when extradition is or has been granted for a crime (crime) or a correctional offence (délit) which is extraditable under Swiss law, extend the effects thereof to any other offence punishable under Swiss law.
Periodo di efficacia: 20/03/1967 - 26/01/1983
Articoli in questione : 2

Declaration contained in a letter from the Permanent Representative of Switzerland, dated 25 January 1983, registered at the Secretariat General on 26 January 1983 - Or. Fr.

The reservation on Article 6 read as follows:

The Federal Council declares that Swiss law allows Swiss nationals to be extradited only on the conditions specified in Article 7 of the Federal Act of 20 March 1981 on International Mutual Assistance in Criminal Matters. Provided that the statutory requirements are satisfied, offences committed outside Switzerland which are punishable under Swiss law as felonies ("crimes") or misdemeanours ("délits") may be prosecuted and tried by the Swiss authorities in the following cases: - where they were committed against Swiss nationals (Article 5 of the Swiss Criminal Code of 21 December 1937); - where they are extraditable under Swiss law and were committed by a Swiss national (Article 6 of the Swiss Criminal Code); - where they were committed on board a Swiss ship or Swiss aircraft (Article 4 of the Federal Act of 23 September 1953 on Shipping under the Swiss flag; Article 97 of the Federal Act of 21 December 1948 on Air Navigation); - where the special statutory provisions so stipulate in respect of certain offences (Articles 202 and 240 of the Swiss Criminal Code; Article 19 of the Federal Act of 3 October 1951 on Narcotics; Article 101 of the Federal Act of 19 December 1958 on Road Traffic; Article 16 of the Federal Act of 14 March 1958 on the Liability of the Confederation, Members of its Authorities and its Civil Servants; Article 12 of the Federal Act of 26 September 1958 on the Export Risk Guarantee).

In accordance with the Act of 20 March 1981 on International Mutual Assistance in Criminal Matters, other offences committed abroad by a Swiss national may be prosecuted in Switzerland at the request of the State in which they were committed in cases where the person concerned is in Switzerland and is answerable there for offences of a more serious kind and where, if he is acquitted or punished in Switzerland, he is not liable to be prosecuted again for the same act in the requesting State.
Periodo di efficacia: 26/01/1983 -
Articoli in questione : 6

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

The Swiss Federal Council declares that Swiss law does not permit extradition of Swiss nationals. Provided that the statutory requirements are satisfied, the Swiss authorities may take proceedings and pass sentences in respect of offences committed outside Switzerland which are punishable under Swiss law as crimes (crimes) or correctional offences (délits): - if they were committed against Swiss nationals (Article 5 of the Swiss Penal Code); - if they are extraditable under Swiss law and were committed by a Swiss national (Article 6 of the Swiss Penal Code; Section 16 of the Federal Act of 14 March 1958 on the responsibility of the Confederation, the members of its authorities and its officials); - if they were committed on board a Swiss ship or a Swiss aircraft (Section 4 of the Federal Act of 23 September 1953 on shipping under the Swiss flag; Section 97 of the Federal Act of 21 December 1948 on air navigation).
Periodo di efficacia: 20/03/1967 - 26/01/1983
Articoli in questione : 6

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

The Swiss Federal Council declares that the Swiss authorities regard discharge as final within the meaning of Article 14 if it enables the person extradited to move about freely without breaking the rules of behaviour and other conditions laid down by the proper authority. For the Swiss authorities, an extradited person is in all cases deemed to be able to leave the territory of a State within the meaning of this Article if he is not in fact prevented from leaving by a disease or some other actual restriction of his freedom of movement.
Periodo di efficacia: 20/03/1967 -
Articoli in questione : 14

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

Switzerland asks that requests in connection with extradition addressed to its authorities, and documents annexed thereto, be accompanied by a translation into French, German or Italian if they are not written in one of these languages.
Periodo di efficacia: 20/03/1967 -
Articoli in questione : 23


Fonte: Ufficio dei Trattati, http://conventions.coe.int - * Disclaimer.