Law (2015:642) On The European Protection Order

Original Language Title: Lag (2015:642) om europeisk skyddsorder

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:642

/Comes into force: 2016-01-01/1 Cape. General provisions



Legal content and applicability



section 1 of this Act contains provisions for the implementation of European Parliament and Council Directive 99/2011/EU of 13 december 2011 on the European protection order.



section 2 of this Act does not apply in relation to Denmark and Ireland. The law does not apply in relation to a Member State of the European Union that have not implemented the directive of the European Parliament and 2011/99/EU of 13 december 2011 on the European protection order.



If the European Union through a separate decision has suspended the application of the European Parliament and of the Council 2011/99/EU, in the original wording, in respect of any Member State or where a Member State has stopped applying the directive and the national legislation transposing the directive, does not apply to this Act in relation to that State.



Protective measure and European protection order



section 3 of this Act, the term



1. measure: a decision given in a Member State of the European Union in a criminal case and by which a person is assigned to one or more of the following prohibitions or restrictions in order to protect another person for a criminal offence which may pose danger to that person's life, physical or psychological integrity, dignity, freedom or sexual integrity:



a) ban to enter certain localities, places or defined areas where the ban referred to protect lives or as that person visits,



b) prohibition to contact the ban referred to protect or restrictions on such contacts, including contact by telephone, mail, e-mail and fax, or



c) Prohibitions or restrictions to get the ban referred to protect closer than a certain fixed distance,



2. European protection order: an order that has been issued by a competent authority in a Member State of the European Union on the basis of a protection measure and that can be sent over to a competent authority in another Member State in order to provide continued protection for the safeguard measure referred to protect.



Detailed rules relating to the enforcement of this law



section 4 of the Government or the authority, as the Government determines, pursuant to Chapter 8. section 7 of the Constitution notify details relating to the enforcement of this Act.



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



Conditions for and consequences of the issue of a European protection order



1 § on the basis of a contact ban given pursuant to lagen (1988:688) if contact ban a European protection order issued to be recognised and enforced in another Member State of the European Union, if the contact ban referred to protect requests and is resident or intending to reside in the other Member State or reside or intend to reside there.



section 2 of the European protection order shall be effective immediately, unless otherwise determined.



Procedure



paragraph 3 of the Prosecutor hears about a European protection order should be issued.



4 § in dealing with cases under this chapter shall apply the following provisions of the Act (1988:688) if contact bans: 5, 6 (a), 9-11, 13 and 14 to 20 sections, paragraph 21 and section 22.



In this application, the provisions of the contact ban instead refer to European protection order.



section 5 of the public prosecutor to send over a European protection order to the competent authority of the Member State in which the protection order should be recognised and enforced.



Revocation and amendment of a European protection order



section 6 of the public prosecutor shall forthwith revoke the European protection order, if



1. the contact which underlies the protection order is lifted, or



2. for other reasons is no longer the conditions for a European protection order.



A withdrawal decision as referred to in the first subparagraph 2 shall be adjudicated by the District Court, if the protection order referred to protect request. Such a request should be made in writing or orally to the Prosecutor, who shall submit the matter to the District Court.

At the trial of the Court shall otherwise section 4 apply.



section 7 of the public prosecutor shall without delay amend the European protection order if the contact which underlies the protection order be changed or extended.



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



Obligation to recognise and execute a European protection order



Article 1 a European protection order transmitted from another Member State of the European Union shall be recognised and enforced in Sweden, subject to the provisions of this law.



How proceedings



section 2 of the European protection order shall be sent to the competent prosecutor. Protection order shall be drawn up in accordance with Annex I to the Directive 99/EU-2011, in the original wording, and be written in Swedish or be accompanied by a translation into Swedish.



The European protection order shall be sent by mail, courier or fax or, with the agreement of the individual case, otherwise.



3 § If a European protective order to the form or contents 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 District Attorney provide the competent authority of the other Member State to within a certain period of time to enter with completion.



Obstacles to the recognition



section 4 of the European protection order shall not be recognised in Sweden, if

1. protection order, despite the fact that the competent authority of the other Member State in accordance with paragraph 3 of has had the opportunity to get in with the completion, in 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, or



2. protection order has not been issued on the basis of a protective measure within the meaning of Chapter 1. 3 §.



Decision on the recognition and enforcement



5 § on a European protection order may be recognized in Sweden, the Prosecutor should notify the order concerns protection against prohibition

1. visit or otherwise contact the person protection order referred to protect or to follow this person,



2. reside in a residence held in common with the person to whom the protection order referred to protect,



3. reside in the vicinity of a dwelling or place of work or any other place where the person to whom the protection order referred to protect usually reside, or 4. reside freely within a larger area than resulting from a ban in accordance with 3.



A prohibition referred to in the first subparagraph 4 may cover one or more areas related to such places where the person to whom the protection order referred to protect has his residence or place of employment or otherwise, usually staying.



A prohibition under this section shall, to the greatest extent possible, be consistent with the protection measure underlying the protection order.



6 § a ban pursuant to § 5 shall be valid for a certain period of time. When time is determined to be 4 paragraph Act (1988:688) if contact ban applied.



7 § a ban pursuant to paragraph 5 of the terms immediately, unless otherwise determined.



section 8 a prohibition under section 5 shall be provided with the limitations and exceptions that are necessary taking into account the individual circumstances.



9 § a ban under 5 § excludes contacts which, because of particular circumstances is clearly justified.



Procedure



section 10 in assessing the question of whether a European protection order shall be recognised and enforced the following provisions of the Act (1988:688) if contact bans: 5-6 (a), 7 (a) and 9-12 sections, section 13, paragraph 13 (a) and 14 to 22 sections. In this application, the provisions of the contact ban instead refer to prohibitions under section 5.



A disclosure according to section 12 of the Act on 6 contact prohibition should be limited to the possibility of review of the Court.



Amendment of the European protection order



section 11 On the European protection order is changed, the Prosecutor will announce a new decision under section 5, if there is no obstacle to recognition under article 4.



Cancellation of an order for enforcement



section 12 of the public prosecutor shall annul a decision pursuant to paragraph 5 of, if



1. the European protection order is annulled or revoked



2. There are obstacles to the recognition of a modified protective order as defined in section 11, or



3. a judgment or a decision involving the same protection measure underlying the protection order enforced or followed up in Sweden with the support 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 and Council framework decision 2009/829/JHA on the application between the Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to temporary custody.



If the Prosecutor's decision on recognition and enforcement are subject to review by the Court, the court hearing the issues referred to in the first subparagraph.



section 13 of the public prosecutor may revoke a decision taken pursuant to article 5 of the European protection order is intended to protect not resident in Sweden.



If the Prosecutor's decision on recognition and enforcement are subject to review by the Court, the court hearing a matter referred to in the first subparagraph.



Violations



section 14 of The who violate a ban given under section 5 is convicted of violation of the European protection order to a fine or imprisonment not exceeding one year.



In call cases, it should not be responsible.



Prosecution of criminal offences as referred to in the first subparagraph may be brought only if it is clear that the breach will not result in the other Member State will begin a procedure to tighten safeguard measure or to repeal the safeguard measure and instead impose a detention order.