Facts

The Federal Office of Justice has appealed against the decision of the Criminal Appeals Chamber of the Federal Criminal Court, which had annulled the order for the arrest of A., an Italian citizen convicted in Italy to a custodial sentence of 8 years and 6 months, for the purpose of extradition. The Criminal Appeals Chamber had considered that, given A.'s family ties and social integration in Switzerland, imprisonment appeared excessive and could be replaced by less coercive measures, such as the deposit of a bail of 15,000 francs.

Considerations

The Federal Tribunal has upheld the appeal of the Federal Office of Justice. According to established case law, during the extradition procedure, the imprisonment of the person sought is the rule, and exceptions are admissible only in exceptional cases, when the conditions laid down in Art. 47 para. 1 let. a and b and para. 2 of the Federal Act on International Mutual Assistance in Criminal Matters (IMAC) are met. In the present case, despite A.'s family ties and social integration in Switzerland, the Federal Tribunal considered that there were no particular circumstances…