Chapter 1. General provisions
The law's content and applicability
section 1 of this Act contains provisions for the implementation of
Council framework decision 2009/829/JHA on the application between
Member States of the European Union, of the principle of mutual
recognition of decisions on supervision measures as an
alternative to temporary custody.
section 2 Of the European Union by a particular decision has
suspended the application of the Council framework decision 2009/829/JHA of
respect of any Member State or where a Member State has
ceased to apply the framework decision or the national
legislation implementing the framework decision does not apply to this Act
in relation to the State.
A Swedish decision on supervision measures
section 3 With a Swedish decision on supervision measures referred to in
This law, a decision that a person suspected of
crime
1. prohibits, without permission to leave the designated residence in a
another Member State, or
2. before that at certain times, register with the authority of a
other Member State.
The prohibition referred to in the first subparagraph 1 may be subject to a
injunctive relief pursuant to the first subparagraph 2.
A foreign decision on supervision measures
4 section with a foreign decision on supervision measures referred to in
This law an enforceable decision, announced by a competent
authority in another Member State in connection with a
criminal procedure, which means that a person who is
suspected of crimes to be covered by one or more
surveillance measures.
Regulations on the enforcement of this law
section 5 of the Government or the authority, as the Government determines
lets under Chapter 8. section 7 of the Constitution notify closer
regulations on the enforcement of this Act.
Chapter 2. A Swedish decision on supervision measures to be
recognized and followed up in another Member State
Prerequisites to a Swedish decision
monitoring measures
§ 1 if someone is suspected of a crime in which
prison can follow and, having regard to the
nature, it was suspected, relative or someone else
fact, there is a risk that he or she deviate or
otherwise have evaded prosecution or punishment but
There is no reason to arrest or detain the
suspect, he or she receives, whether it is sufficient, in
instead announced a decision on supervision measures under 1
Cape. section 3.
A decision on supervision measures must also be notified of the
There are reasons to arrest or detain anyone under 24 Cape. 1 §
2 or 3 of the first paragraph of the code of judicial procedure, but it can be assumed
that the purpose of such detention can be met
by a decision on supervision measures.
A decision on supervision measures may be announced only if
1. the defendant has his habitual residence in, or has other
strong connection to another Member State,
2. the accused agree that the decision will be followed up in the
other Member State,
3. the reasons for the measure outweigh the intrusion or but in
Moreover, as the action means for the suspect or something
other conflicting interests, and
4. it is not inappropriate having regard to the investigation and
the prosecution of the offence.
Special conditions in connection with a decision
monitoring measures
paragraph 2 of The decision on supervision measures may be subject to
the condition that the suspect should be available in their home
or at his place of work at certain times. It may also be
be set up any other special condition needed
surveillance of the suspect.
Notification of a decision on supervision measures
paragraph 3 of the Prosecutor or the Court considers whether a decision
monitoring measures should be notified.
In making a determination referred to in the first subparagraph and in respect of
proceedings after a decision on supervision measures
given the provided for in the code of judicial procedure
If the travel ban, unless otherwise provided for by this law.
Time for the bringing of criminal charges
section 4 When a decision on supervision measures has been announced
in accordance with paragraph 3 shall be charged within one month after the
suspect's obligation under section 6 of the first subparagraph, if the
the prosecution has not already been brought.
The Court may grant an extension of time, if the request for
It is made before the deadline. The extended period shall not
be longer than what is necessary.
Transmission of the decision
section 5 of the public prosecutor shall send over a decision about
monitoring activities to a competent authority in the
Member State where the decision is to be recognised and to be followed up.
Obligation to follow a decision on supervision measures
section 6 of the suspect's obligation to comply with a decision
surveillance measures and special conditions notified
According to section 2 shall arise only when he or she has been served
notification of the competent authority of the other State
decided to admit the decision on supervision measures.
The Prosecutor shall be responsible for notification be communicated to the
suspect.
Temporary derogations from a decision
monitoring measures
paragraph 7 of Law may decide on provisional
exception to a decision on supervision measures, or from
the specific conditions that have been notified under section 2.
Even the Prosecutor may decide on provisional exception, if not
the decision on supervision measures is issued, or
established by law and the prosecution. The Court may, however,
leave it up to the Prosecutor to decide on temporary derogations
even in such cases.
Amendment of a decision on supervision measures
section 8 a decision on supervision measures, or the specific
conditions that have been notified under section 2 may be amended by the
the right. Even the Prosecutor may decide to amend, if not
the decision on supervision measures is issued, or
established by law and the prosecution.
For the suspect's obligation to comply with a decision taken pursuant to
section 6 of the first paragraph apply.
Annulment of a decision on supervision measures
§ 9 a decision on supervision measures shall immediately
be terminated if
1. criminal charges have not been brought in time or extension of time
not been requested,
2. the decision is not recognised or followed up by the other State,
or
3. the decision for any other reason should no longer apply.
A decision on supervision measures are repealed by law. Even
the Prosecutor may revoke the decision, unless the decision is
delivered or set by the Court and the prosecution.
Violation of a decision on supervision measures
section 10 If the suspect violates a decision
surveillance measures or do not follow a specific condition
According to paragraph 2, he or she shall immediately be arrested or
be detained, unless it is clear that there is no reason for
this.
Decisions related to the dom
section 11 Of the delivered a decision on
surveillance measures is convicted of the offence, it shall examine whether
This decision shall apply until the judgment is a final.
Chapter 3. A foreign decision on supervision measures to be
recognized and followed up in Sweden
Obligation to recognise and follow up a foreign decision on
monitoring measures
§ 1 a foreign decision on supervision measures sent
from another Member State shall be recognised and monitored in
Sweden if the conditions in paragraphs 2 and 3 are fulfilled and
subject to the provisions of this law.
General conditions for recognition and tracking
section 2 of the Order that a decision on supervision measures should receive
be recognised and monitored according to section 1 requires that the suspect
1. habitual residence in Sweden, or
2. have other strong ties to Sweden and the otherwise
seems appropriate.
paragraph 3 of the Order that a decision on supervision measures should receive
be recognised and monitored according to § 1 requires that
the decision is valid for a period of time and requires
the suspect
1. to report a change of residence to an authority in
Sweden
2. not to visit certain places, localities, or set
areas in Sweden or in the Member State where the decision on the
surveillance measures have been announced,
3. to remain in the designated place, where applicable under
specified times,
4. to comply with the possibility of leaving the limitations decided
Swedish territory,
5. to report at specified times to a certain
authority, or
6. to avoid contact with certain specified persons
related to the alleged crime.
Obstacles to the recognition and tracking
paragraph 4 of The decision on supervision measures cannot be recognised and
followed up in Sweden on
1. the Act on which the decision does not correspond to the crime under
Swedish law and there is no question of such a deed that
listed in the annex to this Act and for which the
the second State is mandating a
custodial sentence of three years or more,
2. the same Act on which the decision was given a
judgment in Sweden or in another State and a final
and the penalty for a conviction has been served, are under
enforcement or may no longer be executed under the law
in the State that delivered the judgment,
3. it would be contrary to the provisions on privileges and
privileges, or
4. the Act on which the decision took place before the
suspect is aged 15 or over.
§ 5 if it is given the suspect's personal
conditions and circumstances is special
reasons, a foreign decision on supervision measures, despite
barriers according to paragraph 4, be recognized and followed up in Sweden.
How the procedure starts
section 6 of a foreign decision on monitoring measures should be sent
in writing to the competent prosecutor. The decision shall be accompanied by
a certificate is drawn up in accordance with Annex 1 to
Council framework decision 2009/829/JHA.
The decision and the certificate shall be sent by mail, courier or
facsimile or, by agreement of the particular case,
in any other way.
The certificate shall be written in Swedish, Danish, Norwegian, or
English or accompanied by a translation into one of the
these languages.
section 7 If the certificate is missing or in form or content is so
flawed that it is not without significant inconvenience can be added
the basis for the consideration of the question of the recognition and
follow-up, should the Prosecutor provide the competent authority of the
other Member State to within a certain period of time to enter
with the completion. The same applies if the decision on the
surveillance measures are missing.
If the deficiencies referred to in the first subparagraph remains after the
time specified, it may be decided not to recognise and
follow up the decision on supervision measures.
Decisions on admission and follow-up
section 8 of the public prosecutor decides whether a foreign decision on
monitoring activities should be recognized and followed up in Sweden.
section 9 Of the foreign decision on supervision measures can
recognized and followed up in Sweden, the decision is notified that
follow-up (follow-up explanation).
Follow-up the Declaration shall include a statement of
1. the surveillance measures under paragraph 3 to be followed up
and, where applicable, the adjustments have been made with the support of
section 12, and
2. the duration of the follow-up should last.
section 10 of the Prosecutor's decisions in respect of the recognition and tracking
must be notified at the latest within four weeks after the Prosecutor
According to paragraph 6 welcomed the foreign decision. If the Prosecutor
has requested completion under section 7, the time-limit of four
weeks begin to run after the supplementation has been received
to the Prosecutor.
The Prosecutor may, if there are special reasons, give its
decision at a later date than the first
paragraph.
section 11 of the Prosecutor's decisions in respect of the recognition and tracking
shall contain the reasons which have determined the outcome, and a
information about how the suspect can appeal the decision.
The decision shall be communicated to the suspect.
The Prosecutor shall, where necessary, translate the decision and the other
documents in the case to a language that the accused
understand.
Adaptation of a monitoring action
section 12 of a supervision measure in a foreign decision shall
be adapted if the measure, in whole or in part, is incompatible with the
1. such bans, injunctions or conditions that may
notified pursuant to chapter 25. the code of judicial procedure, or
2. the prohibitions under the Act (1988:688) for restraining or
Act (2005:321) If refusal of access at sporting events.
A completely inconsistent monitoring action to be adapted by
It is replaced by a measure which is equivalent to a ban,
injunction or conditions referred to in the first subparagraph 1. In
other cases, probation measure be adapted to an action
that corresponds to a prohibition, injunction or conditions
specified in the first subparagraph of paragraph 1 or 2.
An action that has been adapted, as far as possible
correspond to monitoring the action of the foreign decision and
may not be more stringent than this.
Follow-up in Sweden
section 13 a follow-up explanation as determined in accordance with § 9
effective immediately. Follow-up may commence only after the
suspect has communicated the statement referred to in paragraph 11 of the first
subparagraph, the competent authority of the other
the Member State has been notified of the Declaration. Adapting
has been made under section 12, the follow-up is initiated
no earlier than ten days after such notification.
The Prosecutor is responsible for follow-up. At follow-up,
the Prosecutor may engage the assistance of the police.
Follow-up may not be through electronic surveillance.
Appeal
section 14 of the Prosecutor's decisions in respect of the recognition and tracking
may be appealed to the District Court of the suspect.
The appeal must be made in writing and submitted to the Prosecutor
within three weeks of the date on which the suspect was part of
the decision. An appeal that has not come in at the right time
shall be rejected by the Prosecutor. If the appeal has been received by the
the District Court within the time of the appeal, it shall
the fact that the appeal has been submitted to the Prosecutor
only then does not necessitate that it be rejected. If
the appeal is not inadmissible, should the Prosecutor send it and
other documents in the case to the District Court.
The competent court is the District Court in whose area of jurisdiction the
appealed against the decision has been taken.
section 15 of Law handling should be done promptly. Prosecutors are
a counterpart to the suspect since the file has
submitted to the District Court.
If the right is considering to lift the follow-up explanation
as determined in accordance with section 9, the Prosecutor shall be given an opportunity to
be heard.
The Court's final decision in the matter of recognition and tracking
shall be communicated to the suspect.
When the Court applies in General Act (1996:242) if
Court cases.
Extension of time for follow-up
section 16 if the competent authority of the other Member State
request it, the time for follow-up. Decision in
ask for extension announced by the Prosecutor. The decision shall
be communicated to the suspect.
If the time specified in the Declaration or in a follow-up
decision in accordance with the first paragraph is about to expire, to
the Prosecutor may request information from the competent authority of the
other Member State whether the follow-up to
continue.
Modification of a follow-up explanation
section 17, if the competent authority of the other Member State
change on the decision on supervision measures, the
follow-up the Declaration may be amended in accordance with the second
the State's decision, if the conditions in paragraph 3 are met. At
Amendment of the Declaration follow-up, 10 – 13, §§ apply.
A decision to change the follow-up explanation should
include an indication of the change that has been made and, in
where appropriate, whether the adaptation has been made with the support of
section 12.
Decision in the case of modification of a follow-up explanation
announced by the Prosecutor.
The Prosecutor's decision in the matter of amendment of
follow-up explanation may be appealed by the suspect.
At the appeal, §§ 14 and 15 shall apply.
Suspension of a follow-up explanation
18 § a follow-up explanation to be revoked if
1. it emerges from circumstances means that the decision on the
surveillance measures must not be followed-up in Sweden,
2. the decision on supervision measures and the certificate is revoked,
3. the suspect cannot be found in Sweden,
4. the Prosecutor, to the other competent authority of the Member State
on several occasions, reported on violations of
the decision on supervision measures in accordance with annex II to
Council framework decision 2009/829/JHA and the authority in the other
the State, despite a request for this, does not take a decision
or take any other action in response to the
reporting, or
5. There is no longer in a position to follow up on a
decisions on supervision measures as a result of that, in a
judicial or any other procedure has been taken
coercive measures against the suspect or as a result of the
suspect has begun execution of a penalty.
Decision repealing the follow-up statement issued by
the Prosecutor. The decision shall be communicated to the suspect.
A decision on the waiver referred to in the first subparagraph 1,
appeal by the defendant. At the appeal, 14 and
15 § § apply.
Transitional provisions
2015:485
1. this law shall enter into force on 1 June 2015.
2. the Act shall not apply in relation to another
Member State of the European Union that have not implemented
Council framework decision 2009/829/JHA on the application between
Member States of the European Union, of the principle of mutual
recognition of decisions on supervision measures as an
alternative to temporary custody.
Annex
Acts referred to in Chapter 3. 4 section 1 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
According to the European Communities ' financial interests
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
hostages
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
such fakes
24. Counterfeiting of means of payment
25. Illicit trafficking in hormonal preparations and other
growth promoters
26. Illicit trafficking in nuclear or radioactive materials
27. The trafficking of stolen vehicles
28. Ertman
29. Arson
30. the offences covered by the international
criminal jurisdiction
31. the Hijacking of aircraft or vessels
32. Sabotage