Law (2015:485) On The Recognition And Follow-Up Of Decisions On Supervision Measures In The European Union

Original Language Title: Lag (2015:485) 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=2015:485

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