5th Chapter: International Legal Assistance
applicability of Article 54 of this Act
The granting of international legal assistance and legal assistance procedures aimed only so far under this Act, other laws than the federal and international law
contracts contain no provisions for it.
Article 55 jurisdiction
1 Is a canton deals with a case of international judicial assistance, the prosecutor is in charge.
2 courts during the trial itself can provide legal assistance.
3 is subject to the powers of law enforcement agencies.
4 has the legal responsibilities of Federal assistance to a judicial authority, the Appeals Board jurisdiction.
5 Does the District, with a foreign Legal assistance is concerned, procedural actions in other cantons through, so this are the provisions on the national legal assistance cases.
6 The cantons regulate the procedure.
The international assistance has already been extensively covered by international law and by federal law. These provisions go according to Article 54 before the CHStPO. As for the passive from the perspective of Switzerland regards legal aid (ie the cases in which Switzerland is requested legal assistance from foreign countries), the process is governed by the IRSG and related regulation.
Furthermore, Switzerland is in relation bound to the provision of legal assistance to numerous bilateral and multilateral international agreements. These are also the active from the perspective of Switzerland legal assistance (legal assistance from Swiss law enforcement authorities to foreign countries) is relevant. It is worth mentioning at this point the primary European Convention of 20.04.1959 on mutual legal assistance in criminal matters .
The CHStPO can therefore confine itself to determine both the active and passive assistance for the competent authorities, what it does in Article 55th was in relation to Article 55 paragraph 4 nor particularly pointed out that according since 1.1.2007 Article 25 of IMAC for appeals against decisions by Swiss authorities (including cantonal) directly to the Federal Criminal Court has jurisdiction (other than the cantonal appeals instances).
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