Regulation (2015:646) On The European Protection Order

Original Language Title: Förordning (2015:646) om europeisk skyddsorder

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:646

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



Article 1 this regulation lays down provisions relating to the application of the law (2015:642) on the European protection order.



section 2 of The terms and expressions used in this regulation have the same meaning as in the Act (2015:642) on the European protection order.



paragraph 3 of the State Prosecutor decides what prosecutors who are competent to examine



1. where a European protection order shall be issued, and



2. If a European protection order shall be recognised and enforced in Sweden.



paragraph 4 any communication or consultation in connection with the issue and enforcement of a European protection order shall be made between a Prosecutor in Sweden and the competent authority of that other Member State. Communication and consultation must be carried out in the manner that is most appropriate in the individual case.



If the other State has designated a central authority, the communication and consultation take place via the central authority, if not the central authority or the competent authority of the State specifies otherwise.



section 5 of the public prosecutor may announce further provisions on the enforcement of the law (2015:642) on the European protection order and this regulation.



Chapter 2. Issuing and sending of a European protection order to another Member State of the European Union



Information on the European protection order



§ 1 When a contact ban announced to the Prosecutor, inform the person who contact the ban referred to protect of the possibility to request a European protection order under the Act (2015:642) on the European protection order, as well as on the conditions and the procedure for such a request.



Notifications to the parties



2 § If prosecutors have announced a decision pursuant to Chapter 2. 1, 6 or 7 of the Act (2015:642) on the European protection order, which the European protection order referred to protect notified.



A decision on a European protection order shall be served on the party against whom protection order referred to apply evidenced by Chapter 2. paragraph 4 of the law on the European protection order.



Transmission of a European protection order



section 3 of a European protection order sent over from Sweden should be prepared in accordance with the certificate in annex I for a European Parliament and Council Directive 99/EU of 13 december 2011 on the European protection order, in the original wording.



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



section 4 Of the European protection order referred to protect have protected personal data, this shall be specified in the protection order.



Article 5 of the European protection order shall be sent by mail or courier.



The Prosecutor may, however, in agreement with the competent authority of the other Member State to transmit over the decision by fax, electronic mail or any other means.



Notification to the competent authority of the other Member State



section 6, the Prosecutor shall notify the competent authority of the other Member State of a decision pursuant to Chapter 2. 6, or section 7 of the Act (2015:642) on the European protection order.



Consultation with the competent authority of the other Member State



section 7 of the Prosecutor shall consult with the competent authority of the other Member State ahead of the dispatch of a European protection order.



If the contact ban that is the basis for a European protection order is suspected to have been violated, will notify the Prosecutor and, where appropriate, consult with the competent authority of the other Member State under Regulation (2014:1553) on prevention and settlement of disputes concerning the exercise of jurisdiction in criminal proceedings in the European Union.



The Prosecutor shall consult with the competent authority of the other Member State of the authority has sent a notice drawn up in accordance with annex II to European Parliament and Council Directive 99/EU, in the original wording.



Chapter 3. Recognition and enforcement in Sweden of a European protection order



Receipt of a European protection order



(1) If a European protection order has been sent over to an authority which is not competent to recognise and enforce protection order under the Act (2015:642) of a European protection order or to a prosecutor who does not have such jurisdiction, the recipient shall immediately forward the protection order and any other documents to a competent prosecutor.

The competent public prosecutor shall inform the other competent authority or the central authority on this.



Request to a foreign authority will send over a protection order



section 2 of The protected by a protection measure in another Member State, the Prosecutor may submit a request for the issue of a European protection order. The Prosecutor should send the request to the authority in the other Member State which is competent to issue and transmit a European protection order to Sweden.

Intelligence and information to the parties



§ 3 If the Prosecutor has notified of a decision under Chapter 3. 5, 12 or section 13 of the Act (2015:642) on the European protection order, should the protection order referred to protect is notified of the decision.



A decision on the recognition and enforcement of a European protection order shall be served on the party against whom the protective order case shown in Chapter 3. section 10 of the Act on the European protection order.

In the context of a decision under Chapter 3. paragraph 5 of the same law be notified to the party against whom the prohibition referred to apply in particular be informed of the implications of the decision.



In the case of intelligence in other applied 3-4 c of the Ordinance (1988:691) if contact is prohibited. In this application, the contact ban instead refer to prohibitions in accordance with Chapter 3. paragraph 5 of the law on the European protection order.



section 4 of the public prosecutor, when there is reason to inform the person that the European protection order referred to protect if the preconditions for a restraining pursuant to lagen (1998:688) if contact is prohibited.



Notification to the other Member State



section 5 of the public prosecutor shall notify the competent authority of the other Member State



1. when a ban according to Chapter 3. section 5 of the Act (2015:642) on the European protection order has been issued or cancelled, and



2. recognition and enforcement has been refused.



section 6, the Prosecutor shall notify the competent authority of the other Member State if the person has been issued a ban in accordance with Chapter 3. section 5 of the Act (2015:642) on the European protection order is suspected to have violated the ban. The notification shall be drawn up in accordance with annex II to European Parliament and Council Directive 99/EU, in the original wording, and be written in or translated into the other official language or another language which that Member State accepts.



Consultation with the competent authority of the other Member State



section 7 of the Prosecutor shall consult with the competent authority of the other Member State prior to a decision pursuant to Chapter 3. section 5 of the Act (2015:642) on the European protection order.



The Prosecutor shall in all other respects, if necessary, consult with the competent authority of the other Member State in matters of recognition and enforcement of the European protection order.



Information from the competent authority of the other Member State



section 8 for infringement of a European protection order to the Prosecutor before indictment to obtain such information as provided in Chapter 3. the third paragraph of section 14 of the Act (2015:642) on the European protection order from the competent authority of that other Member State.