🇨🇭

Switzerland

Extradition Law & Case Law

1
As requested
state
9
As requesting
state
Case Law
Summary assessment of evidence in extradition proceedings under the European Convention on Extradition
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Summary
In extradition proceedings governed by the 1957 European Convention on Extradition, the Italian judicial authority, even where the applicable convention does not require a full assessment of serious indications of guilt, must carry out a summary assessment under Article 705 of the Italian Code of Criminal Procedure. Such assessment cannot, however, amount to a detailed review of the evidentiary framework, since the requesting State is not required to transmit the evidence itself, but only sufficiently precise factual allegations and an indication of the evidentiary basis supporting the accusation within the requesting State’s procedural system.
28/04/2026 · Italian Supreme Court · 17735/2026
🇮🇹Italy → 🇨🇭Switzerland
Reversal and remandExtradition
Extradition: the Court must verify requirements for surrender and absence of grounds for refusal (without calculating the sentence to be served)
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Summary
It does not fall within the powers of the Court of Appeal to calculate the sentence to be served following the granting of extradition. The judicial review that judges are called upon to carry out, in the case of an extradition request, is in fact limited to verifying the existence of the legal requirements and the absence of grounds preventing the acceptance of the request, without being able to modify or adapt the foreign enforcement title. The determination of the sentence to be executed for the offences for which extradition is granted is an exclusive prerogative of the requesting State, entrusted to the institutional responsibility of that country’s judicial authorities and not to those of the requested State.
17/03/2026 · Italian Supreme Court · 12098/2026
🇮🇹Italy → 🇨🇭Switzerland
Reversal and remandExtradition
Extradition and non-recognition of pre-trial detention served abroad by the requested person in connection with the same extradition request
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Summary
Extradition and non-recognition of pre-trial detention served abroad by the requested person in connection with the same extradition request: in Italy it is not possible to aggregate periods of detention served abroad pursuant to a decision of a foreign judicial authority; any such claim must instead be raised before the requesting authority that sought extradition from Italy (should the requested person be extradited).
21/01/2026 · 3940/2026
🇮🇹Italy → 🇨🇭Switzerland
GrantedExtradition
Extradition for the enforcement of a custodial sentence and a therapeutic measure: a single extradition title is enough
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Summary
The judgment granting extradition for the enforcement of the overall sanction imposed by the conviction (custodial sentence and inpatient therapeutic measure) is lawful, and it is not necessary for Switzerland to issue a separate extradition title. It appears from the challenged decision that the extradition request concerns a custodial sentence of eight years’ imprisonment and that, on the basis of subsequent information provided by the Swiss Federal Office of Justice, the request also relates to the enforcement of the inpatient therapeutic measure. As also noted by the Court of Appeal, an analysis of the relevant provisions of the Swiss Criminal Code, together with the aforementioned communication from the Swiss Federal Office, shows that: (a) the Swiss sanctioning system is based on a dual-track model of penalties and inpatient therapeutic measures, applicable where the convicted person suffers from a mental disorder (Art. 59); (b) the inpatient therapeutic measure is ordered at the same time as the conviction, as occurred in the present case, where the Assize Court found that the applicant was affected by a mental disorder and that there was a therapeutic prospect capable of reducing the risk of reoffending through the application of such measure; (c) in such cases, the inpatient therapeutic measure is enforced prior to the custodial sentence, and its duration is deducted from the sentence imposed.
12/05/2025 · Italian Supreme Court · 28147/2025
🇮🇹Italy → 🇨🇭Switzerland
GrantedExtradition
Extradition, sought person’s (not present in the national territory) cross-border movements and need for a decision on the merits
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Summary
In the event that the requested person is not present within the national territory, the indispensable precondition for proceeding with surrender is lacking, and a decision of no grounds to proceed must be adopted. However, the Court considers that the information provided by the defence and by the Swiss authority is not decisive in this respect, as it merely demonstrates a certain tendency of the applicant to move frequently between the Italian and Swiss territories and vice versa. From another perspective, it must also be emphasized that, when expressly consulted, the Federal Office of Justice did not intend to withdraw the extradition request; therefore, an assessment of the merits of the request is required.
28/04/2025 · Italian Supreme Court · 21319/2025
🇮🇹Italy → 🇨🇭Switzerland
GrantedExtradition
Extradition to France, health conditions and mutual trust
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Summary
Extradition to a State bound by the ECHR cannot be refused on health grounds where: the requesting State provides adequate assurances regarding medical care; and there is no concrete evidence of a real risk of treatment contrary to Articles 2 or 3 ECHR. Mutual trust applies to “first circle” States (such as France), and no specific guarantees are required, even in the presence of serious health conditions, unless a concrete and individualised risk is demonstrated.
29/11/2024 · Tribunal federal · 674/2024
🇨🇭Switzerland → 🇫🇷France
GrantedExtradition
Withdrawal of extradition request and quashing of the favorable decision
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Summary
Withdrawal of the extradition request: where the extradition request is withdrawn with immediate effect (due to the statute of limitations on the enforcement of the sentence under swiss law), any judgment of the court of appeal granting extradition must be quashed without remittal, since the withdrawal of the request by the requesting state removes the conditions necessary for granting the relief sought within the initiated proceedings.
24/10/2024 · Italian Supreme Court · 4922/2025
🇮🇹Italy → 🇨🇭Switzerland
Rejected (procedural grounds)Extradition
Risk of inhuman or degrading treatment and reliability of the requesting State
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Summary
Risk of inhuman or degrading treatment and “reliability” of the requesting state: Switzerland is a member of the council of europe, has never been sanctioned for violations concerning detention conditions, and has not been included among the countries generally affected by systemic prison overcrowding. this means that the extradition request does not originate from a jurisdiction that is impermeable to the fundamental principles of the rule of law, nor from one in which such principles, although formally in force, are currently suspended, nor, finally, from a jurisdiction that has adopted prison overcrowding as a deliberate systemic choice or knowingly tolerates its persistence. moreover, the mere allegation of prison overcrowding in the requesting state does not, in itself, constitute a ground for refusing extradition. only in the presence of widespread situations of established incompatibility—manifested in forms attributable to deliberate choices or conscious acceptance by the competent authorities—can a concrete risk arise that a detainee would be subjected to inhuman or degrading treatment. otherwise, it is necessary to identify specific and concrete deficiencies, linked either to the individual’s particular circumstances (such as their state of health) or to actual situations of abuse.
08/10/2024 · Italian Supreme Court · 41482/2024
🇮🇹Italy → 🇨🇭Switzerland
GrantedExtradition
Extradition and assessment of circumstancial evidences (according to requesting State perspective)
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Summary
Where an applicable convention – such as the one between Italy and Switzerland – does not provide for an assessment by the requested State of the existence of serious indications of guilt, the Italian judicial authority must not limit itself to a merely formal review of the documentation attached to the extradition request. Rather, it must ascertain that such documentation sets out the reasons why, from the perspective of the requesting State’s procedural system, it was considered probable that the requested person committed the offence underlying the extradition request. Accordingly, in carrying out this review – unlike the regime provided for under Article 705(1) of the Italian Code of Criminal Procedure – the requested State must neither independently assess this requirement nor critically re-evaluate the evidentiary material transmitted. In the present case, the Court of Appeal correctly adhered to the scope of review entrusted to it, highlighting the body of incriminating evidence (consisting of co-defendants’ statements, intercepted communications, and police investigations) on which the Swiss judicial authorities had based the provisional charge against the applicant. By contrast, the applicant sought to engage in an impermissible assessment of the probative value of individual items of evidence, effectively offering a direct – and moreover partial – reinterpretation of the evidentiary record.
06/10/2022 · Italian Supreme Court · 42574/2022
🇮🇹Italy → 🇨🇭Switzerland
GrantedExtradition
Reversal and remand from the Supreme Court and continuation of the precautionary measure
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Summary
The annulment with remittal (reversal and remand) of the judgment deciding on the extradition request does not directly affect the custodial measure ordered in connection with it, given the autonomy between those decisions, as confirmed by Article 714(4) of the Italian Code of Criminal Procedure, which provides for a time limit on the duration of the measure linked to the completion of the extradition proceedings.
21/03/2019 · Italian Supreme Court · 17992/2019
🇮🇹Italy → 🇨🇭Switzerland
Decision on precautionary measureExtradition
Country Contributor
Philippe Vladimir Boss
MLL Legal
Philippe Vladimir Boss’ practice focuses on investigations in criminal, internal and administrative matters, as well as the corresponding litigation, in financial, commercial, personal or reputational aspects of business. Clients range from financial institutions, commodity trading companies, SME in various sectors and private individuals, He also advises sport governing bodies in ethics, disciplinary or governance matters.
Philippe Boss’ expertise covers white-collar crime prosecution and defense, freezing of assets, asset tracing, international assistance in criminal, administrative and civil matters, assistance to plaintiffs, witnesses and targeted individuals in hearings, forensic searches, internal hearings, commercial litigation and arbitration, governance advice, ethics and disciplinary proceedings, enforcement of foreign awards, protection of media reputation and crisis management.
He is member of International Shooting Sport Federation Integrity Unit: Adjudicatory Board; Juge suppléant au Tribunal neutre du canton de Vaud; Chairman of the Independent Monitoring Group, International Weightlifting Federation (IWF); Arbitrator and mediator of the Sport Resolution’s International Panel; Chairman within the Arbitral Tribunal of the Self-regulatory Organisation of the Swiss Federation of Lawyers and the Swiss Federation of Notaries; Board member of the Tennis-Club Stade-Lausanne; Board member of the Vaud Bar Association (2022-2025).
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