Enforcement of Remaining Sentence

Facts

The Swiss national [X.] was convicted by the Regional Court of Augsburg in Germany for intentional breach of accounting obligations, intentional bankruptcy, and credit fraud. As [X.] had fled to Switzerland during a prison leave, Germany requested Switzerland to take over the enforcement of the remaining sentence of 815 days. The Federal Office of Justice forwarded the request to the Canton of Thurgau, which ordered the enforcement to be taken over. [X.] filed an administrative court appeal against this to the Federal Supreme Court, requesting the rejection of the German request.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that the IMAC (International Mutual Assistance in Criminal Matters Act) applies to the present case, as it concerns the enforcement of a final criminal judgment. The requirements under Art. 94 et seq. IMAC for Switzerland to…