Question juridique clé
Whether Art. 1(2) of the 1852 extradition act allows a canton to refuse extradition of its own citizen even after a conviction in another canton, if it undertakes to prosecute and punish him domestically.
Solution extraite
Yes. The home canton may still refuse extradition after an existing conviction, provided it assumes responsibility for trying and punishing the person under its own law.
Motifs extraits
The exception in Art. 1(2) is based on differences in cantonal criminal and procedural law. That rationale applies equally to a pending prosecution and to an already rendered judgment. Therefore the requested canton is not limited to choosing between extradition and execution of the foreign sentence; it may still avoid extradition by undertaking domestic prosecution and punishment.