In extradition cases, the FOJ may, at the express request of another State order the surveillance of postal and telecommunications traffic in order to establish the whereabouts of the defendant.
In other mutual assistance cases, the following authorities may order the surveillance of postal and telecommunications traffic:
the Office of the Attorney General of Switzerland or of the Cantonal Public Prosecutor;
the FOJ, if it is executing the request for mutual assistance itself.
The surveillance order must be submitted to the following authorities for approval:
by the federal authorities: the federal compulsory measures court;
by the cantonal authorities: the cantonal compulsory measures court.
The requirements for surveillance and the procedure shall otherwise be governed by Articles 269–279 CrimPC1and the Federal Act of 6 October 20002on the Surveillance of Postal and Telecommunications Traffic.
[AS 2001 3096; 2003 2133annex No 18,3043No I 2; 2004 2149,3693; 2006 2197annex No 84,5437Art. 2 No 3; 2007 921annex No 3,5437annex No II 7; 2010 1881annex 1 No II 26,3267annex II 14; 2012 3745annex No 7; 2017 4095annex No II 12.AS 2018 117]. See now the FA of 18 March 2016 (SR 780.1 ). ↩
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