Law (2015:650) On The Recognition And Enforcement Of The Free-Care Penalties In The European Union

Original Language Title: Lag (2015:650) om erkännande och verkställighet av frivårdspåföljder inom Europeiska unionen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:650

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



The law's content and applicability



section 1 of this Act are implemented 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.

section 2 of this Act does not apply in relation to Denmark and Finland about the law (1963:193) on cooperation with Denmark, Finland, Iceland and Norway concerning the enforcement of sentences, etc. are applicable.



section 3 Of the European Union by a particular decision has suspended the application of the Council framework decision 2008/947/JHA, in relation to a Member State, or where a Member State has suspended the application of the framework decision or the national legislation implementing the framework decision does not apply to this Act in relation to that State.



Definition of a Swedish verdict on free care penalty



4 section With a Swedish verdict on free care penalty referred to in this law a judgment 1. given by a Swedish court, 2. relating to the prison where the convicted conditionally been released, a suspended sentence or probation, and 3. that has a legal effect.



With a Swedish verdict on free care penalty under this law even a 1. decision on conditional release, or



2. decisions rendered pursuant to the Penal Code in connection with the enforcement of a penalty referred to in the first subparagraph of paragraph 2, which does not mean that a suspended sentence or probation have been removed or conditionally admitted freedom declared forfeit.



Definition of a foreign judgment on free care penalty



section 5 With a foreign judgment on the free-care penalties referred to in this law, a decision



1. that in a criminal proceeding is issued by a court in another Member State within the European Union,



2. relating to prison or detention in cases where the convicted person conditionally been released with the support of the judgment, or relating to a suspended sentence, a conditional sentence or an alternative sanction, and



3. that has a legal effect.



With a foreign judgment on the free-care penalties referred to in this law, a decision that has been issued by a competent authority in the other Member State on the basis of a judgment referred to in the first subparagraph and that means 1. that the convicted person has been granted parole, or 2. that surveillance measures have been decided for the condemned.



Regulations on the enforcement of this law



section 6 of the Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution notify details relating to the enforcement of this Act.



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



Conditions for sending over a Swedish verdict on free-care penalties § 1 a Swedish verdict on free care penalty may be sent over to another Member State to be recognised and enforced there



1. If the convicted person has his habitual residence in that other Member State and have returned or will return there,



2. social rehabilitation of the sentenced is facilitated by that execution is transferred, and



3. If it is otherwise appropriate.



Even if the conditions referred to in the first subparagraph 1 are not met, the judgment shall be sent to another Member State, if the convicted person requests it and the State has conceded that the judgment sent over.



Procedure



section 2 of the Swedish prison and probation service decides on a verdict on free care penalty should be sent over to another Member State to be recognised and enforced there.



paragraph 3 of The judgment on the free-care penalty to be sent over as a result of a decision taken pursuant to paragraph 2 of the will of the Swedish prison and probation service is sent to a competent authority in the other Member State.



The judgment shall be sent over to more than one Member State.



Following decision



4 § when, on the free-care penalty has been recognised in the other Member State, to the penalty decision (consequential decision) as announced in the State apply in Sweden.



§ 5 when, on the free-care penalty has been recognised in the other Member State, as a result of such a decision in Sweden only if the competent authority of the other Member State has reversed the permission to announce such decisions here.



The prison system shall submit a case if the succession decision to 1. the Monitoring Board in whose area of activity monitoring was done or could have been conducted at the time of the decision on the transmission under, if the judgment relates to the prison where the convicted person released on parole or probation, or 2. the Prosecutor, if the judgment relates to probation.



Cancellation of a decision to send over a ruling on free care penalty



section 6 of the probation service may cancel the decision to send over a ruling on free care penalty for recognition and enforcement until the other Member State has recognised the judgment.



Until the enforcement of the judgment in the other Member State, the prison system reverse the decision on the transmission, if the repeal 1. is made on the grounds that the other State has adjusted the sentence, and 2. occurs rapidly then the prison system has become aware of the adjustment decision.



The prison system shall immediately revoke the decision on the transmission, if the penalty barred under Swedish law or can no longer be enforced according to a decision by a Swedish authority. This will happen even if the execution is started in the other State.



Continued enforcement in Sweden



section 7 of the prison service may request that the other Member State the power to enforce the Decree of return free-care penalty, if the convicted person is charged with any other crime in Sweden.



section 8 when, on the free-care penalty has been recognised in the other Member State, it may be enforced in Sweden 1. If the prison system according to paragraph 6, second subparagraph repealed decision on the transmission, or



2. If the other State has decided to return the permission to execute the verdict to Sweden.



Chapter 3. Recognition and enforcement of a foreign judgment on free care penalty in Sweden's obligation to recognise and enforce a foreign judgment on free care penalty



(1) a foreign judgment on free care penalty sent over from another Member State shall be recognised and enforced in Sweden if the conditions in paragraphs 2 and 3 are met, and subject to the provisions of this law.



Conditions for recognition and enforcement of a foreign judgment on free care penalty



section 2 of the order for a judgment on the free-care penalty shall be recognised and enforced under section required 1. that the convicted person has his habitual residence in Sweden and have returned or will return here, or



2. the prison service has admitted that it sent over to Sweden.



A consent referred to in the first subparagraph 2 shall only be provided if the sentenced social rehabilitation is facilitated by that execution is transferred to Sweden and it is otherwise appropriate.



paragraph 3, that a judgment on the free-care penalty shall be recognised and enforced in Sweden under section also requires that the judgment requires the convicted person 1. to notify the change of residence or place of work to a designated authority;



2. not to visit specified locations, places or defined areas in Sweden or the other Member State,



3. to observe the restrictions on the possibility to leave Sweden,

4. follow the instructions for their behavior, housing, education or leisure activity or the ability to engage in gainful activities,



5. point-in-time register with a designated authority;



6. to avoid contact with the designated persons,



7. to avoid meddling with the specified object that has been used or which could be used by the convicted person to commit a crime,



8. to financially compensate for the damage caused by the criminal offence or to show evidence that this obligation has been fulfilled,



9. to perform community service,



10. to cooperate with a supervisor or with a representative of the social services responsible for convicted persons, or



11. to undergo therapeutic treatment or rehabilitation course.

Obstacles to recognition and enforcement



4 section a judgment on free care penalty shall not be recognised or enforced in Sweden



1. If there is less than six months of the time that the convicted person shall observe a duty referred to in paragraph 3,



2. If the Act on which the sentence does not correspond to the crime under Swedish law, and there is no such an offence as specified in the annex to this Act and for which the other State is mandating a custodial sentence of three years or more,



3. If the acts to which the penalty relates wholly or partly committed in Sweden and does not correspond to the crime under Swedish law,



4. If the penalty for the same act as that for have been communicated in Sweden or in another State, and a final decision and the penalty on a conviction has been served, is currently being served or may no longer be executed under the law of the State in which the judgment,



5. If the convicted person at the time of the crime under the age of fifteen years,



6. for enforcement in Sweden would not be compatible with the rules on immunity,



7. where it was given after a hearing where the convicted person was not present in person, and it has not been confirmed in the certificate referred to in section 6, that any of the conditions listed in article 11 (1) (h) of Council framework decision 2008/947/JHA are fulfilled, or



8. If the sentence includes a medical or therapeutic


treatment that can not be enforced here.



§ 5 If, having regard to the circumstances of sentenced personal and other special reasons, a judgment on the free-care penalty, despite obstacles, according to paragraph 4, be recognised and enforced in Sweden.



How the procedure starts



paragraph 6 of The judgment on the free-care penalty shall be sent in writing to the prison system. The judgment shall be accompanied by a certificate is drawn up in accordance with Annex I to Council framework decision 2008/947/JHA.



The judgment and the certificate shall be sent by mail, courier or fax or, by agreement of the case, otherwise.



The certificate shall be written in Swedish, Danish, Norwegian, or English or accompanied by a translation into one of these languages.



section 7 If the certificate is missing or to form or content is so flawed that it is not without significant inconvenience can be used as a basis for consideration of the issue of recognition and enforcement, the prison system provide the competent authority in the other Member State to within a certain period of time come in with supplementation. The same applies if the verdict on free care penalty is missing.



If the deficiencies referred to in the first subparagraph continues after the time specified, it may be decided not to recognise and enforce the judgment.



Decision on the recognition and enforcement



section 8 of the prison service considers whether a verdict on free care penalty shall be recognised and enforced in Sweden.



section 9 Of the judgment on the free-care penalty shall be recognised and enforced, the decision is notified that the execution should happen (enforceability).



Of enforceability shall indicate



1. What is the penalty to be enforced and its length, 2. the obligation under paragraph 3 of the convicted person shall observe and how long this obligation applies, 3. where applicable, the adjustments that have been made under section 11 or 12, and



4. the Supervisory Board is competent to take decisions in the course of enforcement.



section 10 a decision concerning recognition and enforcement should be notified within 60 days of the penal system in accordance with section 6, received the sentence on free care. If the prison system has requested a completion under section 7, the deadline shall begin to run when the addition coming in to the Agency.



If there are special reasons, the Swedish prison and probation service announce the decision at a later date than that specified in the first subparagraph.



Adaptation of monitoring time



section 11 Of the time that the convicted person shall observe a duty referred to in paragraph 3 exceeds three years, the probation service shall determine the time to three years.



Adaptation of the obligation which the convicted person shall observe



section 12 Of the obligation which the convicted person shall observe the free-care penalty is irreconcilable with the obligations arising from or the ability to communicate the rules contained in chapter 26. 13-15 sections and 28 Cape. 2 a of the Penal Code, the Penal System customizing requirement.



The custom duty should correspond as closely as possible the determined in the judgment on free care. This adaptation must not mean that the obligation will be more stringent than the original requirement.



The enforcement in Sweden



paragraph 13 of the enforcement of the judgment on the free-care penalties, in accordance with the Declaration of enforceability, should be initiated when the decision under paragraph 9 of a final.



At the enforcement applied 26 Cape. 11-18 sections and 28 Cape. paragraph 2 (a) and 5 a of the Penal Code. Enforcement also applies to 37 and 38. Criminal Code, mutatis mutandis.



The repatriation of authority to notify the succession decision



section 14 if the convicted person has seriously infringed the obligation under enforceability and it can be assumed that the condemned will not abide by any action that may be taken in accordance with paragraph 13 of the second subparagraph, the Oversight Board report to the prison system.



The prison system shall after such notification, return permission to notify the following decision to the other State.



Suspension of enforceability



section 15 Declaration of enforceability shall be cancelled 1. If the other State has revoked the verdict on free care penalty and the attestation and enforcement has not yet begun in Sweden,



2. If the other State has announced the pardon or amnesty or a different decision in accordance with the law of the State means that the penalty can no longer be enforced,



3. If the convicted person has absconded from Sweden or can no longer be found in Sweden,



4. If the prison system has returned power to make consequential decision under paragraph and a decision in the other State means that the penalty can no longer be enforced in Sweden, or 5. If the other State has requested to regain permission to enforce the sentence in view of the fact that the new criminal proceedings are ongoing against the convicted person.



Decision on suspension of enforceability is notified by the probation service. If the Declaration of enforceability has been suspended in accordance with the first paragraph 2-5, will be a stub enforcement cease.



Chapter 4. Other provisions



Public counsel



section 1 the public counsel should be appointed in a matter under this Act, if the convicted person is in need of assistance.



Rules on appeals of decisions on public assistance Act (1996:1620) if public counsel.



Appeal



2 § correctional decisions may be appealed only if the authority has



1. tried a judgment on free care penalty pursuant to Chapter 2. section 2 should be sent to another Member State for recognition and enforcement there, 2. examined whether a decision to send over a judgment in another Member State for recognition and enforcement should be repealed pursuant to Chapter 2. 6 §,



3. examined whether a consent should be provided in accordance with Chapter 3. 2 paragraph 2 to a judgment on the free-care penalty sent over to Sweden, 4. examined whether a declaration of enforceability should be announced according to Chapter 3. § 9, or



5. tried for a declaration of enforceability should be repealed in accordance with Chapter 3. 15 paragraph 3.



Decision referred to in the first subparagraph 1 and 2 may be appealed to the District Court in whose district the Monitoring Board referred to in Chapter 2. section 5 is located. Decision referred to in the first subparagraph 3 – 5 may be appealed to the District Court in whose area of jurisdiction the convicted person is resident.



If the competent District Court is missing for an appeal, the appeal must be examined by the Stockholm District Court.



§ 3 when dealing in the Court of Appeal applied the Act (1996:242) about court cases.



On the right are considering to suspend a declaration of enforceability that the prison system has informed according to Chapter 3. section 9, shall be given an opportunity to be heard.



Prohibition of charges



section 4 If a foreign judgment on free care penalty to be enforced in Sweden under this law, the prosecution not be brought for an offence for which the penalty relates.



Transitional provisions



2015:650



1. this law shall enter into force on the 1 January 2016.



2. the law does not apply in respect of a case pursuant to lagen (1978:801) for international cooperation on correctional system in freedom that have been initiated before the entry into force or at a time when the other Member State has not implemented the 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.



Annex



Acts referred to in Chapter 3. 4 paragraph 2 of the Act.



1. Participation in a criminal organisation



2. Terrorism



3. Trafficking in human beings



4. Sexual exploitation of children and child pornography



5. illicit trafficking in narcotic drugs and psychotropic substances



6. illicit trafficking in arms, ammunition and explosives



7. Corruption



8. Fraud, including fraud affecting the financial interests of the European communities in accordance with the Convention of 26 July 1995 on the protection of the European Communities ' financial interests



9. The laundering of proceeds of crime



10. Currency counterfeiting, including counterfeiting of the euro



11. Cyber crime



12. Environmental crime, including illicit trafficking in endangered animal species and endangered plant species and varieties



13. the facilitation of unauthorised entry and residence



14. Murder and aggravated assault



15. Illegal trafficking in human organs and tissues



16. Kidnapping, illegal restraint and hostage-taking



17. Racism and xenophobia



18. the Organized theft and armed robbery



19. Illicit trafficking in cultural goods, including antiques and works of art



20. Scam



21. Racketeering and extortion



22. Counterfeiting and piracy



23. Forgery of administrative documents and trafficking therein



24. Counterfeiting of means of payment



25. illicit trafficking in hormones and other growth promoters



26. Illicit trafficking in nuclear or radioactive materials



27. The trafficking of stolen vehicles



28. Ertman



29. Arson 30. Crimes covered by the jurisdiction of the International Criminal Court



31. the Hijacking of aircraft or vessels



32. Sabotage