Facts
The case concerns a German national residing in Switzerland who was convicted in Serbia for a serious traffic offense and sentenced to one year and ten months of imprisonment. Serbia requested the extradition of the convicted person to serve the sentence. The Federal Office of Justice ordered the extradition, which the convicted person challenged with an appeal to the Federal Criminal Court.
The Federal Supreme Court partially upholds the appeal. It remands the case to the Federal Office of Justice for a new assessment, as the lower instances did not sufficiently examine the question of Switzerland assuming the enforcement of the sentence. The convicted person lives with his wife and three children in Switzerland, which must be taken into account in the decision on extradition or assumption of criminal enforcement.
Considerations
The Federal Supreme Court states that in addition to the provisions of the European Convention on Extradition, the European Convention on the Transfer of Sentenced Persons also applies to Serbia and Switzerland. According to this Convention, the sentencing state (Serbia) can request the enforcement of the sanction by the executing state (Switzerland) if the convicted person has fled to Swiss territory.
The Federal Supreme Court finds that the lower instances did not sufficiently examine the question of Switzerland assuming the enforcement of the sentence, although the Serbian authorities had submitted a corresponding request. It remands the case to the Federal Office of Justice for a new assessment to decide on the extradition request…