Criminal prosecution on behalf of another state
Unlike states with an Anglo-Saxon system of law (e.g. the United Kingdom, the United States and Canada), most European countries do not extradite their own nationals. To ensure that the person who is being pursued does not go unpunished, it is possible to apply for criminal proceedings to be transferred and in doing so to delegate prosecution to the suspect's home state. This option is provided for in most of the relevant state treaties at Council of Europe level and in the Federal Act on International Mutual Assistance in Criminal Matters. In Switzerland it is the Federal Office of Justice (FOJ, Extradition Section) which is responsible for submitting and receiving such applications, although it is possible to deal directly with the competent local authorities in the case of Germany, Austria and Italy.
Foreign applications for Switzerland to assume criminal proceedings are received by the FOJ and then forwarded to the competent Swiss prosecuting authority. The latter will then generally commence criminal proceedings as a matter of course. Where Switzerland does not have penal jurisdiction, the FOJ will decide whether or not to accommodate the application after consulting with the competent criminal prosecution authority. The foreign authorities will then be informed of the acceptance or otherwise of their application and how it is to be handled.
The FOJ will submit the relevant application to a foreign state at the request of cantonal and federal criminal prosecution authorities. The applications will contain a description of the facts, a copy of the applicable articles of the Swiss Penal Code, the investigation file and also any evidence that has been gathered. Should the foreign state assume criminal proceedings the Swiss authorities may not, as a general rule, take any further action against the suspect in respect of the same offence. Regardless of whether the suspect is sentenced or acquitted or the criminal proceedings abandoned as a result of insufficient evidence, Switzerland is bound by the decision of the foreign authorities.
