Postponement - ongoing investigation or prosecution

Swiss Confederation

Federal Law on Cooperation with the International Criminal Court 2001

CHAPTER II: COOPERATION WITH THE COURT
SECTION I: PRINCIPLES OF COOPERATION

Art. 4 Consultations

The Central Authority shall conduct consultations as indicated in article 97 of the Statute, in particular when the execution of a request:
c. would interfere with an ongoing investigation or prosecution of a different case (art. 94 para. 1 of the Statute)

CHAPTER III: SURRENDER OF PERSONS BEING PROSECUTED AND OF PERSONS CONVICTED BY THE COURT
SECTION III: DECISION TO SURRENDER

Art. 25 Execution of the surrender

2 The Central Authority may postpone the execution of the surrender by a period of time agreed upon with the Court, if the person to be surrendered is being prosecuted in Switzerland for another criminal act or if the person is in detention.

CHAPTER IV: OTHER FORMS OF COOPERATION

SECTION III: PROCEDURE

Art. 43 Decision to proceed and execution of request

2 If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request refers, the Central Authority may postpone the execution of the request for a period of time agreed upon with the Court.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).