Circumvention of the rules of international mutual assistance in criminal matters: the current state of Swiss law on the risks and their consequences in the event of implementation

International mutual assistance in criminal matters aims above all to overcome the many difficulties caused by the notion of the sovereign state, the problem of crossing borders and the increasingly international nature of criminal activities. It is in order to circumvent these difficulties that numerous treaties and conventions have been ratified by Switzerland and that internal provisions have been adopted. In addition, certain mechanisms have been introduced to allow information to be forwarded to the requesting state before a decision to close the case becomes final. However, these necessary instruments have led to an increased risk: if misused, they can render the rules established for international mutual assistance in criminal matters meaningless. This work is devoted to identifying the main risks of circumventing the rules of mutual assistance. It also looks at the consequences, both national and international, in the event of circumvention. Finally, it also deals with the question of to what extent and in what way the various instruments can or should be limited.