Recovery of Evidence Passed to a Foreign Country Under Judicial Assistance Principles

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Sunday, September 1, 1985
Clemens J.M. Kochinke
On Feb. 6, 1985, the Swiss Federal Supreme Court unanimously confirmed that the Republic of Italy enjoys immunity against a civil complaint where Italian authorities had made a judicial assistance request and thus acted in an official capacity (jus generis).  This case is interesting because it denies a Swiss citizen any civil remedies against a foreign state for the return of a piece of property which the foreign state received as a result of criminal assistance proceedings through the proper authorities in Switzerland and Italy.