Regulation (2015:488) The Recognition And Follow-Up Of Decisions On Supervision Measures In The European Union

Original Language Title: Förordning (2015:488) om erkännande och uppföljning av beslut om övervakningsåtgärder inom Europeiska unionen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:488

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.