Disposition unique – coopération

Confédération suisse

Federal Law on Cooperation with the International Criminal Court 2001

CHAPTER II: COOPERATION WITH THE COURT
SECTION II: JURISDICTION OF THE COURT

Art. 8 Reporting of a crime and spontaneous transmittal of evidence and information

1 The Central Authority may, without a request from the Court, transmit to the Court evidence and information gathered by Swiss prosecution authorities for their own investigations, if criminal proceedings may be initiated or a pending investigation may be facilitated due to the transmission.

2 The transmission cannot be appealed.

CHAPTER III: SURRENDER OF PERSONS BEING PROSECUTED AND OF PERSONS CONVICTED BY THE COURT
SECTION I: CONDITIONS

Art. 16 Principle

3 If a Swiss citizen is surrendered to the Court, the Central Authority shall request the repatriation of the citizen upon completion of the proceedings.

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

Art. 26 Temporary transfer

1 When article 24 paragraph 2 or article 25 paragraph 2 applies, the Central Authority may authorize temporary transfer of the person, if consultations with the Court indicate:
a. how long the Court requires the person;
b. that the person will remain in detention for the entire duration;
c. which proceedings the imprisonment will be counted toward;
d. that the person will be returned after completion of the proceedings, upon request of the Central Authority.

2 Until the Central Authority has decided on surrender, temporary transfer may only be undertaken in agreement with the person to be transferred.

CHAPTER IV: OTHER FORMS OF COOPERATION
SECTION I: CONDITIONS

Art. 33 Handing over of evidence to another State

If the Court requests the consent of the Central Authority to forward evidence to another State that was transmitted to the Court by Switzerland, then:
a. the Central Authority shall grant the request in accordance with the provisions of this chapter if the act is within the jurisdiction of the Court;
b. proceedings in accordance with the provisions of the Federal Law of 20 March 1981 Mutual Legal Assistance shall be undertaken, if the act is a serious crime under the on domestic law of the requesting State.

Statut de Rome

Article 86 Obligation générale de coopérer

Conformément aux dispositions du présent Statut, les États Parties coopèrent pleinement avec la Cour dans les enquêtes et poursuites qu'elle mène pour les crimes relevant de sa compétence.