TPF, 05.02.2026, RR.2025.192, RP.2025.85
Facts
The Romanian authorities requested that Switzerland extradite A., one of their nationals, to serve the remaining 7 months and 23 days of a custodial sentence. Following his arrest in Switzerland, A. was placed in extradition detention and opposed the simplified procedure. On November 5, 2025, the Federal Office of Justice (FOJ) authorized his extradition. A. appealed this decision to the Appeals Chamber of the Federal Criminal Court. He sought the annulment of the decision, the rejection of the extradition request, and his immediate release, primarily citing the statute of limitations for the sentence under Romanian law. He also requested legal aid.
Legal Analysis
Extradition between Switzerland and Romania is primarily governed by the European Convention on Extradition (ECE) and the supplementary instruments applicable within the Schengen Area. Where these texts do not fully address a matter, Swiss law, in particular the Federal Act on International Mutual Assistance in Criminal Matters (IMAC), applies on a subsidiary basis. Swiss domestic law may also apply when it is more favorable to granting mutual assistance, provided that fundamental rights are respected.
Regarding the statute of limitations,Art. 10 ECE stipulates that extradition must be refused if the criminal prosecution or the execution of the sentence is time-barred under the law of either the requesting state or the requested state. However, in relations between states bound by applicable Schengen rules, Art. 8 of the Convention on Extradition between the Member States of the European Union precludes a refusal based solely on the statute of limitations under the law of the requested state.
Under Swiss law,Art. 5 para. 1 let. c IMAC provides that a request involving coercive measures shall not be executed if prosecution or execution is barred in Switzerland due to the absolute statute of limitations. According to case law, Swiss authorities are generally not required to conduct an in-depth examination of the statute of limitations under the law of the requesting state. They may only refuse mutual assistance on this ground if it is clearly evident that the statute of limitations has expired abroad. In other words, it is not the role of the requested state to resolve complex questions of interpretation of foreign law; only a manifest foreign statute of limitations could prevent extradition.
Application to the Case
The Appeals Chamber examined the appellant's argument that his sentence was time-barred under Romanian law. Based on information provided by the Romanian authorities, the Court found that the limitation period began on January 18, 2022, and would not expire until August 18, 2029. The appellant provided no concrete evidence to challenge this calculation or to demonstrate that the statute of limitations had clearly expired. The Court also noted that the statute of limitations had not expired under Swiss law either. As no other grounds for opposing extradition were established, the appellant's claim was dismissed. The request for legal aid was denied, as the appeal was considered manifestly devoid of any chance of success.
Outcome
The Appeals Chamber of the Federal Criminal Court dismissed the appeal, thereby confirming the FOJ's decision to extradite A. to Romania. The request for legal aid was also denied, and the procedural costs, reduced to 1,000 CHF, were charged to the appellant.
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