Published on 3 June 2024

Mutual Legal Assistance

The Mutual legal assistance field of crime is responsible for executing requests for mutual legal assistance in criminal matters from abroad that are delegated to it by the Federal Office of Justice (FOJ). In addition, as a centre of expertise, it assists other divisions of the Office of the Attorney General of Switzerland (OAG) in the area of international mutual legal assistance and represents the OAG in the relevant international fora.

Every year, Switzerland receives more than 2,500 requests for mutual legal assistance to gather evidence or take other measures necessary for criminal proceedings conducted abroad. Where the offences prosecuted abroad fall within Swiss federal jurisdiction, the FOJ, as the Swiss central authority, delegates the execution of the request to the OAG. On average, the OAG handles around 180 mutual assistance proceedings per year. Requests are thus dealt with by an authority that is familiar with the specific characteristics of the offences being prosecuted.

When the request for mutual assistance is directly related to criminal proceedings conducted in another division or involving another category of offences, it is usually transferred to the federal prosecutor in charge of the case. This ensures coordination and allows the various stages to be carried out more efficiently. In certain more complex cases, where the administrative burden associated with providing mutual legal assistance could interfere with the criminal proceedings, a task force is deployed.

Essential cross-functional skill

Mastery of international mutual legal assistance processes is an essential cross-functional skill within the OAG. Specialists in this field share their experience by providing advice, monitoring case law, delivering training and collaborating with various departments (in particular the Attorney General's Operational Committee, OAB). Conversely, when the execution of foreign requests requires specialised knowledge, they seek advice from specialists in other areas.

In addition to gathering evidence, the Mutual Legal Assistance division also orders, at the request of the foreign authority, the freezing of assets located in Switzerland in order to ensure the proper enforcement of a future foreign confiscation order. It then regularly checks the progress of the proceedings abroad. When a final and enforceable confiscation order is issued abroad, it rules on the transfer of these funds to the foreign authority for the purpose of enforcing the order (Art. 74a IMAC). It thus participates in the process of identifying, freezing and repatriating funds (‘asset recovery’) in the field of international mutual assistance in criminal matters. The possible sharing of these funds with foreign authorities (a procedure known as ‘sharing’, governed by the Federal Act on the Sharing of Confiscated Assets, TEVG) falls within the competence of the FOJ.