Chapter 1. General provisions
Article 1 this regulation lays down provisions on the application
by law (2015:485) on the recognition and follow-up of decisions
If surveillance measures within the European Union.
section 2 of The terms and expressions used in this regulation were
the same meaning as in the Act (2015:485) on the recognition and
follow-up to decisions on supervision measures in the European
Union.
§ 3 any communication or consultation on the recognition and
follow-up of a Swedish or foreign decision on
monitoring shall take place between the Prosecutor and the competent
authority of that other State.
Communication and consultation may take place in the way that is
most appropriate in the individual case.
section 4 of the public prosecutor's Office may, after consultation with the
The Swedish national economic crimes Bureau, announce additional regulations on
the enforcement of the law (2015:485) on the recognition and
follow-up to decisions on supervision measures in the European
Union and this regulation.
§ 5 the Attorney General determines both the Prosecutor is
competent to announce a Swedish decision
monitoring measures, on the one hand, the Prosecutor is competent to
recognition and follow up a foreign decision on
surveillance measures.
Chapter 2. A Swedish decision on supervision measures to be
recognized and followed up in another Member State
The suspect's consent
1 § Consent as described in Chapter 2. 1 paragraph 2 law
(2015:485) on the recognition and follow-up of decisions on
surveillance measures within the European Union shall be submitted to the
the Prosecutor or the Court.
Consent shall be recorded on a form provided by the
the Prosecutor General. The form of consent should, if possible, be
written in the language normally used by the suspect.
If another language is used, it shall be recorded on the document
the measures taken to ensure that the
suspect has understood the meaning of consent.
Transmission of a decision on supervision measures
paragraph 2 of The decision on supervision measures which the prosecutor sends
over to another Member State for recognition and tracking
in the State shall be accompanied by a certificate is drawn up in
accordance with Annex 1 to Council framework decision 2009/829/JHA on
application between Member States of the European Union of
the principle of mutual recognition to decisions on
supervision measures as an alternative to temporary
deprivation of liberty.
The Prosecutor shall establish certificate. The certificate shall be printed on or
translated into the other official language of the Member State
or another language which that Member State accepts.
paragraph 3 of the decision on supervision measures and the certificate shall be sent
over by post or courier.
The Prosecutor may, however, with the agreement of the competent
authority of that other Member State to transmit over the decision and
endorsements by fax, electronic mail or by any other
way.
Consultation with the competent authority of the other
the Member State
section 4 of the public prosecutor shall, where appropriate, consult with the competent
authority of that other Member State before the transmission of the
decision on supervision measures and in other matters relating to the
recognition and follow-up of the decision
monitoring activities in the other State.
Notification to the other Member State
section 5 of the public prosecutor shall, once the deadline referred to in Chapter 2. section 4 of the Act
(2015:485) on the recognition and follow-up of decisions on
surveillance measures in the European Union have begun to run,
immediately inform the competent authority of the other
Member State on deadline to bring charges.
The Prosecutor shall also notify the competent authority of the
other State
1. the time limit for prosecution has been extended,
2. that the prosecution has been brought,
3. the rights referred to in Chapter 2. section 11 of the Act on the recognition and
follow-up to decisions on supervision measures in the European
the Union decided that the decision on supervision measures should
apply until the judgment in the case of a final
4. that the suspect, after the monitoring has
begun in the second Member State, has requested the Court's
examination of the decision on supervision measures, or
5. the decision referred to in Chapter 2. 7 – 10 § § the Act on recognition and
follow-up to decisions on supervision measures in the European
Union.
Notifications and notification to the Swedish court
section 6, If the right is established or decision on
surveillance measures or if charges are brought, the Prosecutor
without delay, notify the Court if
1. that the accused has been served notice under 2
Cape. section 6 of the Act (2015:485) on the recognition and enforcement in the field of
decision on supervision measures in the European Union, and
2. the decisions referred to in Chapter 2. 7-9 of the law on the recognition and
follow-up to decisions on supervision measures in the European
Union.
section 7 If there is a question of informing decision under 2
Cape. 7-9 of the Act (2015:485) on the recognition and enforcement in the field of
decision on supervision measures in the European Union and
the Court has jurisdiction only to announce such a decision, shall
the Prosecutor without delay and report it to the right.
Notifications to law enforcement
section 8 When a prosecutor or a court announces decision on
surveillance measures pursuant to Chapter 2. section 1 of the Act (2015:485) if
recognition and follow-up of decisions on supervision measures
within the European Union or announces temporary derogations
from, modifying, extending or repealing such decision, shall
a copy of the order shall forthwith be sent to the police authority.
The authority shall also immediately informed when the decision
monitoring activities will be discontinued by reason of arrest or
pre-trial detention.
Has a court in connection with the announced decision on
surveillance measures pursuant to Chapter 2. section 1 of the Act on the recognition
and follow-up to decisions on supervision measures in
The European Union decided that such action shall
be, the Court shall also provide information to law enforcement
When the ruling had the force of law.
Request for extension of time for follow-up
section 9 If the other Member State has established a maximum time
as the decision on supervision measures may be followed up,
the Prosecutor before the time has expired, if necessary, request
extension of follow-up and specify the additional time
follow-up deemed necessary.
Chapter 3. Recognition and follow-up in Sweden by a foreign
decision on supervision measures
The receipt of the decision on supervision measures
(1) If a decision on supervision measures, or other
documents in a case concerning recognition and monitoring of a
such a decision has been sent to an authority other than
The prosecuting authority, the authority shall immediately forward the
documents to the Prosecutor's Office.
The Prosecutor shall inform the competent authority of the other
Member State that the Prosecutor's Office has a
the documents.
Follow-up of the decision on supervision measures
section 2 of the public prosecutor to follow up a decision on
surveillance measures by keeping informed of
1. any breach of the decision,
2. the circumstances in which it is in practice impossible to
continue to follow up the decision, and
3. amendments to the suspect's residence.
Call to make decisions or take another action
section 3 where the competent authority of the other Member State
notify any decision or take any other action
Despite the fact that the Prosecutor has repeatedly sent over a
notification under section 9, first subparagraph 7, Prosecutor
call on the authority of that other Member State to take a
decisions or taking any other action. The Prosecutor shall
at the same time point out that follow-up explanation otherwise
be repealed.
Inquiry about the need for continued monitoring
section 4 of the public prosecutor shall request information from the competent
authority of the other Member State whether
the follow-up to the decision on supervision measures still
is deemed necessary.
§ 5 If the competent authority of the other Member State
do not leave information in accordance with Chapter 3. 16 section law
(2015:485) on the recognition and follow-up of decisions on
surveillance measures in the European Union, should the Prosecutor
remind the authority to come up with such a vengeance
within a certain period of time.
Consultation with the Attorney General
section 6, if a decision on supervision measures that have been sent over
to Sweden for recognition and follow-up relating to an act of
tryckfrihetsförordningens or freedom of Constitution
areas, shall consult with the Prosecutor and, where necessary, obtain
opinion from the Attorney General.
Consultation with the competent authority of the other
the Member State
section 7 of the Prosecutor shall consult with the competent authority of the
other Member State
1. If the certificate form or content is flawed,
2. before a decision to refuse to recognise a decision
surveillance measures are announced,
3. prior to a decision to withdraw a follow-up explanation
notified in accordance with Chapter 3. section 18, first paragraph, 1, 3, or 5
Act (2015:485) on the recognition and follow-up of decisions on
surveillance measures in the European Union, and
4. If the public prosecutor had the opportunity to submit its observations in accordance with Chapter 3. 15
section Act on recognition and follow-up of decisions
If surveillance measures within the European Union and consultation
not is clearly unnecessary.
section 8 of the public prosecutor shall in all other respects, if necessary, consult with the competent
authority of that other Member State in matters of
recognition and follow-up of the decision
surveillance measures.
Notification to the other Member State
§ 9 the Prosecutor shall immediately inform the competent
authority of the other Member State of
1. a decision regarding admission and follow-up
can be submitted within four weeks after the Prosecutor has
received the decision,
2. There may be barriers to surrender in accordance with the law
(2003:1156) on surrender from Sweden according to the European
arrest warrant or law (2011:1165) for surrender
from Sweden according to a Nordic arrest warrant;
3. to follow up cannot be by electronic
monitoring, if such monitoring has been requested,
4. a decision regarding admission and follow-up of a
foreign decision on supervision measures,
5. a decision in respect of the recognition and monitoring has
on appeal,
6. the decisions referred to in Chapter 3. 16-18 of the Act (2015:485) if
recognition and follow-up of decisions on supervision measures
within the European Union,
7. violations of the decision on supervision measures and
other findings which could lead to a decision
According to article 18 of the Council framework decision 2009/829/JHA in the second
Member State, and
8. Every modification of the suspect's residence.
When a notice referred to in the first subparagraph 1, the Prosecutor
also specify the reason for the delay and the time
estimated to be needed for a decision.
When a notice referred to in the first subparagraph 7, it
the standard form set out in annex 2 of the framework decision
be used.
Notifications to the Swedish court
section 10 If a decision pursuant to Chapter 3. 11 or section 17 or 18 §
first subparagraph of paragraph 1 the law (2015:485) on the recognition and
follow-up to decisions on supervision measures in the European
the Union is at issue in court, the Prosecutor, without
immediately inform the Court if
1. decision or other information regarding the extension or
the amendment of the foreign decision on supervision measures,
as the Prosecutor received from the other Member State, and
2. decisions of the Prosecutor under Chapter 3. 16-18 § §
the law of recognition and follow-up of decisions on
surveillance measures within the European Union.
Notifications to law enforcement
section 11 When a prosecutor or a court announces decision on
follow-up explanation pursuant to Chapter 3. section 9 of the Act (2015:485) if
recognition and follow-up of decisions on supervision measures
within the European Union or modifies, extends, or
repeals such a declaration, a copy of the decision immediately
sent to the police.
Police information
section 12 of the police authorities to assist the Prosecutor in the follow-up
of a foreign decision on supervision measures, as referred to in
Act (2015:485) on the recognition and follow-up of decisions on
surveillance measures in the European Union has been recognised in
Sweden.
paragraph 13 of the Police Department shall keep a record of the
persons who are the subject of a follow-up explanation
relates to surveillance measures pursuant to Chapter 3. 3 § 1, 2 or 6
Act (2015:485) on the recognition and follow-up of decisions on
surveillance measures within the European Union. In 13 a of the
the enquiry notice (1969:293) provides for
registration of other decisions under the same law.
