Key legal question
Whether extradition could be refused because enforcement of the German theft sentence was time-barred under Swiss/Zurich law.
Extracted holding
Yes. Under the extradition treaty, the law of the requested state governs limitation; the Zurich rules on time limitation of an already adjudged sentence were met, and no interruption was established.
Extracted reasoning
Art. 5 of the treaty refers limitation questions to the law of the requested state. For an already final sentence, Zurich Penal Code Art. 56 makes the limitation period run as for the underlying offence under Art. 52 lit. d, which had long expired. Interruption was not shown because, under Zurich law, interruption requires either commencement of execution or commission of a new similar offence during the limitation period, neither of which was alleged.