Regulation Laying Down The Statute For The Swedish National Economic Crimes Bureau

Original Language Title: Förordning med instruktion för Ekobrottsmyndigheten

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:744

/Comes into force: 2016-01-01/Data



section 1 of the Swedish national economic crimes Bureau is a public prosecutor responsible for combating financial crime, to the extent set out in this regulation. Basic provisions on prosecution, see Chapter 7. the code of judicial procedure and in prosecuting the Regulation (2004:1265).



2 § the museums shall ensure that persons who commit economic crimes are subject to criminal investigation and prosecution.



The Agency will work to limit the profits of crime and criminal activity.



section 3 Of article 3 of the Regulation (2015:743) with instruction for the public prosecutor's Office States that the Prosecutor General will, as Chief Prosecutor for the Government, push for legality, consistency and coherence in the services of the rättstilllämpning.



4 § the museums shall carry out crime prevention relating to financial crime. In it is included to provide information about the crime to other authorities, as well as to municipalities, businesses, organizations and the general public.



5 § the museums shall follow and analyse developments and case law with regard to economic crime and to draw up proposals for action. The authority should also coordinate action against economic crime.



section 6 of the Authority responsible for the coordination of the national measures against fraud, abuse and other abusive and ineffective management and use of EU-related funds in Sweden. Further provisions are contained in the Regulation (2015:745) if the Council for the protection of the financial interests of the European Union.



7 § the museums shall ensure that the possibilities for international cooperation in the fight against crime is used and contribute to international assistance and international peace support operations.



8 § the museums shall as soon as possible inform the Prosecutor General about questions that arise in the business and relevant for the prosecution.



Objectives that are dealt with at the Agency



9 section at the Agency dealt with the following objectives:



1. cases of violations of section 11. the Penal Code, Act (1967:531) if securing the pension commitment, etc., skattebrotts Act (1971:69) and the Swedish companies Act (2005:551),



2. actions relating to violations of Chapter 9. 1-3 of the Penal Code, if the Act concerns the EU's financial interests, and 9 Cape. 3 a § criminal code,



3. cases of violations of the law (2005:377) on penalties for market abuse in trade in financial instruments,



4. cases of violations of the law (2013:385) for action against market abuse in the case of trade in wholesale energy products, and

5. proceedings relating to offences whose prosecution otherwise sets special requirements for knowledge of financial conditions, business conditions, tax law or similar.



Proceedings relating to offences should be dealt with by the authority with respect to the qualified financial crime that has national distribution, international dial telephone, are of a policy nature or of a massive scale may be taken over by the Swedish national economic crimes Bureau after a petition from the public prosecutor's Office.



Objectives referred to in the first subparagraph 2 or section 4 of the Regulation (2014:1106) on the processing of cases of crimes by employees in the police and some other executives is applicable to and cases relating to offences by employees of the Swedish national economic crimes Bureau are dealt with by the public prosecutor's Office.



If a case concerns both the crime referred to in the first or second subparagraph and other crime (mixed crime), dealt with the case in the Prosecutor's Office where it is appropriate in the circumstances.



It is uncertain where the goals are to be managed, the issue will be decided by the Prosecutor General.



Information to the Government



10 § the museums shall each year data on:



1. the handling of the cases of offences under the Act (2002:444) on penalties for the financing of particularly serious crime in some cases and the law (2014:307) on penalties for money laundering offences, and



2. the application of the rules on detention and restrictions, in which case the data relating to detained persons in the age group 15-17 years and 18-20 years should be shown separately.



11 § the museums shall annually report the observations made within the framework of the legal enforcement activities.



12 § the museums shall as soon as possible inform the Government offices (Ministry of Justice) on key issues that arise in the business and who should come to the Government's knowledge.



According to Chapter 10. section 13 of the Constitution to the Government offices (Ministry of Foreign Affairs) be notified when an issue is of importance to the relations with another State or for an international organization to arise.



In section 13 of the Regulation (2015:743) with instruction for the public prosecutor's Office provides for State Prosecutor's right to conclude international agreements.



International cooperation



13 § the museums shall be the Liaison Centre for the fight against fraud in matters relating to the European anti-fraud Office (Olaf).



section 14 of the authority shall be the national Office for the recovery of assets in accordance with Council decision 2007/845/JHA of 6 december 2007 concerning cooperation between asset recovery offices to track and identify proceeds or other property.



Interaction



15 § the Swedish national economic crimes Bureau and the public prosecutor's Office will determine together and continuously develop forms of cooperation between authorities.



section 16 of the 47 § Regulation (2014:1102) with instruction for police authorities show that police authorities are obliged to ask officers at the disposal of police operations carried out by the Swedish national economic crimes Bureau.



The Swedish national economic crimes Bureau leads the activities of the officers participating in at the Agency, with the exception of action in activities according to law and may only be carried out by employees of the Police Department.



The Swedish national economic crimes Bureau and Police will jointly determine and continuously develop forms of cooperation between authorities.



section 17 of the Personnel from the Swedish tax agency, the Swedish Enforcement Administration, customs service and other agencies can be placed at the Swedish national economic crimes Bureau, to the extent that the Swedish national economic crimes Bureau and the respective agency agree.



section 18 of the Swedish national economic crimes Bureau to give the public prosecutor's Office and the police, as the case may be, an opportunity to express their views on economic crime authority's overall planning for the upcoming fiscal year. The Swedish national economic crimes Bureau will also hear the public prosecutor's Office, the police authorities and, where appropriate, the tax agency, the Swedish national courts administration or other relevant authority in the face of major changes in the Department's activities, which are likely to affect their business.



section 19 of the Swedish national economic crimes Bureau to provide crime prevention Council, the Swedish tax agency, the financial supervisory authority, the police, and other players in the field such as the Swedish national economic crimes Bureau deems appropriate, to submit their comments on the Agency's planning for crime prevention activities.



Management



section 20 Authority is headed by a head of Government.



section 21 at the Agency should there be an Advisory Council consisting of not more than eight members.



Organization



section 22 By the authority shall be the number of prosecution Chamber that authority decides. Decision on the establishment, termination and the location of a prosecution Chamber taken after the public prosecutor's Office, the police, the security police, General Council of the judiciary, the tax agency and the Swedish prison and probation service has had the opportunity to be heard.



Appointments and assignments



section 23 of the Director-General's administrative manager.



section 24 of decision on appointment of Chief Prosecutor and Deputy Chief Prosecutor at the Agency may be taken only after the State Prosecutor has been heard.



25 § Överåklagares and Deputy överåklagares responsibilities within the authority is determined by the head of the authority. He or she appoints a Prosecutor at the Agency to serve on the Prosecutor and heads of House.



Staff disciplinary board



section 26 By the authority shall be a staff disciplinary board.

Board hears matters referred to in paragraph 25 the Government agencies Ordinance (2007:515) for staff of the authority, unless otherwise specified.



section 27 of the matters referred to in section 34 the Act (1994:260) if public-sector employment is being examined by the State's disciplinary board also with regard to other prosecutors than those employed by the Government.

Notification to the Board are made by the Swedish national economic crimes Bureau.



Applicability of certain regulations



28 § the museums shall apply the staff representatives Ordinance (1987:1101).



Exemptions from the Government agencies Ordinance



section 29 the following provisions of the Government agencies Ordinance (2007:515) will only apply to the authority of administrative agencies:



section 20 of the report,



section 21 of the Authority's decision,



27 § the right to represent the State in the courts, and



section 29 of the issue list.