Regulation (2015:652) On The Recognition And Enforcement Of The Free-Care Penalties In The European Union

Original Language Title: Förordning (2015:652) om erkännande och verkställighet av frivårdspåföljder inom Europeiska unionen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:652

/Entry into force: 01/01/2016/Chapter 1. General provisions



Article 1 this regulation lays down provisions relating to the application of the law (2015:650) on the recognition and enforcement of the free-care penalties across the European Union.



section 2 of The terms and expressions used in this regulation have the same meaning as in the Act (2015:650) on the recognition and enforcement of the free-care penalties across the European Union.

§ 3 any communication or consultation in connection with the enforcement of a foreign judgment or Swedish free-care penalty should occur between the prison service and the competent authority of the other State.



Communication and consultation must be carried out in the manner that is most appropriate in the individual case.



section 4 of the Swedish prison and probation service may announce further provisions on the enforcement of the law (2015:650) on the recognition and enforcement of custodial penalties in the European Union and this regulation.



Chapter 2. Recognition and enforcement of a Swedish verdict on free care remedy in another Member State



Information to the condemned



section 1 Of the law (2015:650) on the recognition and enforcement of the free-care penalties in the European Union are prerequisites to send over a ruling on free care penalty to another Member State to be recognised and enforced there, going to prison, if possible, inform the convicted person about this. The prison system shall also inform the person about the meaning of that judgment be recognised and enforced in the other State.



Information from and consultation with the Swedish authorities



section 2 If a monitoring Board at any proceedings considers that there are conditions to send over a ruling on free care penalty under the Act (2015:650) on the recognition and enforcement of the free-care penalties in the European Union, the Oversight Board to inform the prison service about this.



3 § at the prison and probation service examination of whether there are conditions for sending over a ruling on free care penalty to another Member State, the authority may obtain information from the Swedish Migration Board, the tax agency, law enforcement agency or any other authority.



The Swedish Migration Board, the Revenue Commissioners and the police authority must provide the information necessary for the correctional probation.



section 4 If the convicted person has children in Sweden, the probation service shall consult with and obtain the opinion of the social welfare board.



The Social Welfare Board shall disclose the child's previous dealings with the convicted person, the child's continued need for contact and how to contact would be affected by a free-care penalties are enforced in another Member State.



Consultation with the competent authority of the other Member State



§ 5 If the other Member State's consent, is required to send over a ruling on free care penalty to the State, the probation service shall consult the competent authority there.

Consultation with the competent authority of the other State must also take place if the authority requests it.



The prison system, in General, if necessary, consult with the competent authority of the other State.



Forwarding of a judgment on the free-care penalty



paragraph 6 of The judgment on the free-care penalty probation sends over to another Member State for recognition and enforcement in that State shall be accompanied by a certificate is drawn up in accordance with Annex 1 of Council framework decision



2008/947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to monitoring the alternative sanctions and monitoring measures.



The prison system shall establish certificate. The certificate shall be written in or translated into the other official language or another language which that Member State accepts.



paragraph 7 of the judgment on the free-care penalty and the certificate shall be sent by mail or courier.



The prison service may, however, in agreement with the competent authority of the other Member State to transmit over the judgment and the certificate by means of telefax, electronic mail or any other means.



Dismissal of supervisors



section 8 If a monitor is designated for the condemned, to dismiss the prison system monitor when the executing State has recognized the ruling on free care.



Notifications to the prison system



section 9 If the convicted person has been prosecuted for other crimes in Sweden after a ruling on free care penalty has been recognised by another Member State, the Prosecutor shall inform the probation service if the indictment and whether the execution should be returned to Sweden.



section 10 of the judicial or monitoring board which announces a decision as a result of a surrender as referred to in Chapter 2. paragraph 5 of the second paragraph of the law (2015:650) on the recognition and enforcement of the free-care penalties in the European Union should send a copy of the judgment or order to the prison system.



Request for information from the other Member State



section 11 Of the other Member State has not made such a declaration referred to in article 14(3) of Council framework decision 2008/947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to monitoring the alternative sanctions and monitoring measures, the prison system from the other State may request such information as is clear from article 16(2) of that framework decision in connection with the judgment sent over under section 6. If appropriate, the prison system also otherwise solicit such information from the other State.



Notification to the other Member State



section 12 of the probation service shall without delay inform the competent authority of the other State, if



1. any circumstances which could lead to a consequential decisions in that State;



2. a judgment or decision as a result of a surrender as referred to in Chapter 2. paragraph 5 of the second paragraph of the law (2015:650) on the recognition and enforcement of the free-care penalties in the European Union, and 3. a decision on the waiver referred to in Chapter 2. section 6 of the Act on the recognition and enforcement of the free-care penalties across the European Union.



Chapter 3. Recognition and enforcement in Sweden of a foreign judgment on free care penalty received by a foreign judgment on free care penalty



(1) If a judgment on free care penalty or other documents have been sent over to an authority other than the prison system, the authority shall immediately forward the judgment and other documents to the probation service.



The prison system shall inform the competent authority of that other Member State accordingly.



Consultation with the competent authority of the other Member State



section 2 of the Swedish prison and probation service shall consult with the competent authority of the other Member State 1. before the prison service admits that a judgment on the free-care penalty may be sent over to Sweden, 2. If the certificate form or content is flawed,



3. before a decision not to recognise a judgment on the free-care penalties announced, 4. before a decision to revoke a declaration of enforceability is notified pursuant to Chapter 3. 15 paragraph 3 (2015:650) on the recognition and enforcement of the free-care penalties in the European Union, or



5. If the prison system had the opportunity to be heard pursuant to Chapter 4. the second subparagraph of paragraph 3 of the law on the recognition and enforcement of European Union sanctions in free care and consultation are not clearly unnecessary.



section 3 of the probation service shall in all other respects, if necessary, consult with the competent authority of the other Member State in matters of recognition and enforcement of a judgment on free care.



Information and consultation with government agencies in Sweden



4 section at the prison and probation service examination of whether there are conditions to recognise and enforce a judgment on free care penalty may obtain information from the Immigration Office, the tax office, Police or other authorities.



The Swedish Migration Board, the Revenue Commissioners and the police authority must provide the information necessary for the correctional probation.



§ 5 If the convicted person has children in Sweden, the probation service shall consult with and obtain the opinion of the social welfare board.



The Social Welfare Board shall disclose the child's previous dealings with the convicted person, the child's continued need for contact and how to contact would be affected by a free-care penalties are enforced in Sweden.



paragraph 6 of the judgment on the free-care remedy that has been sent over to Sweden for the recognition and enforcement of a deed of Constitution freedom of tryckfrihetsförordningens or areas, the probation service shall consult and, if necessary, obtain the opinion of the Attorney General.



Notification to the other Member State



section 7 of the prison system shall immediately notify the competent authority of the other Member State whether it can't be communicated a decision on the recognition and enforcement within 60 days after the probation service has received the judgment on free care. The prison system should indicate the reason for the delay and the time at which the Authority considers that a decision might be announced.



section 8 of the prison system shall notify the competent authority of the other Member State of



1. a decision regarding consent to a judgment on the free-care penalty sent over to Sweden,



2. a decision on the recognition and enforcement of a judgment on the free-care penalty,



3. a decision under the enforcement in Sweden that entails a modification of the obligation on the judge to exercise due judgment on free care penalty, and



4. a decision as referred to in Chapter 3. 15 paragraph 3 (2015:650) on the recognition and enforcement of


free-care penalties in the European Union on the suspension of enforceability or other decision whereby the enforcement of free-care penalty expires.



The repatriation of authority to notify the succession decision



§ 9 When the prison system according to Chapter 3. paragraph Act (2015:650) on the recognition and enforcement of the free-care penalties in the European Union the power to reverse decisions to notify the other State as a result, the authority shall use the form in annex II of Council framework decision 2008/947/JHA of 27 november 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to monitoring the alternative sanctions and monitoring measures.