Switzerland Extradition Law — Case Law, Legal Framework and Procedure

Extradition cases involving Switzerland — Requested and Requesting State

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Switzerland

Switzerland Extradition Law & Case Law — 18 cases

1
As requested
state
17
As requesting
state
Case Law
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
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Withdrawal of the extradition request: where the extradition request is withdrawn with immediate effect (due to the statute of limitations on the enforcement of the sentence under swiss law), any judgment of the court of appeal granting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
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).
Country Contributor
Loris Baumgartner
Wenger Vieli
Senior Associate at Wenger Vieli, Loris Baumgartner represents and advises individuals and companies in proceedings before judicial and regulatory authorities.
As a criminal defense attorney, he focuses particularly on representing parties before law enforcement agencies.
Loris Baumgartner also regularly advises clients on the preparation, execution, and follow-up of internal and regulatory investigations.
He is currently writing his doctoral dissertation in the field of corruption law.
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