Sentence execution on behalf of another state

Final and enforceable criminal judgments handed down by foreign states may, upon application by the latter, be executed in Switzerland if

• the convicted person lives in Switzerland or faces prosecution for a serious offence here,
• the offence committed abroad would also be punishable had it been committed in Switzerland, and
• extradition is not permissible.

The Federal Office of Justice (FOJ, Extradition Section) will decide after consulting with the cantonal prosecution authority whether or not the foreign sentence execution application will be accepted or not. The competent cantonal authorities thus determine whether or not a foreign criminal judgment can be executed in Switzerland, as well as what sentence is to be served (exequatur decision).

Cantonal authorities in charge of sentence execution can submit a sentence execution application to another state via the FOJ if

• it is guaranteed that the foreign state will respect the binding nature of the Swiss judgment, and
• the transfer of sentence execution might be expected to result in the convicted person being better reintegrated into society, or it is not possible for them to be extradited to Switzerland.