Chapter 1. General provisions
Article 1 this regulation lays down provisions on the application
by law (2015:96) on the recognition and enforcement of
custodial penalties in the European Union.
section 2 of The terms and expressions used in this regulation were
the same meaning as in the Act (2015:96) the recognition and
enforcement of custodial penalties in the European
Union.
§ 3 any communication or consultation on
the execution of a Swedish or foreign judgment on
custodial sentence in another Member State or in
Sweden should occur between the prison service 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.
Chapter 2. Recognition and enforcement of a judgment in Swedish
custodial sentence in another Member State within
The European Union
Information obligations
section 1 Of the law (2015:96) the recognition and
enforcement of custodial penalties in the European
Union there are prerequisites to send over a judgment on
custodial penalty to another Member State to
There, be recognised and enforced, the convicted person should be informed of this
If he or she is in Sweden. The convicted person shall also
be informed about the meaning of that judgment be recognised and enforced in
the other State.
The responsibility for informing the condemned have
1. The prison system, if the penalty is imprisonment,
2. The Swedish National Board of institutional care, if the penalty is closed
youth care, and
3. the chief physician at the medical facility where the condemned
is enrolled, if the penalty means surrender to
forensic psychiatric care.
Request that a judgement on the deprivation of freedom penalty should be sent
over
section 2 of the convicted person or a competent authority in another
Member State may in the prison system may request a ruling on a
custodial penalty shall be sent to the other
State.
Such a request may also be made by the State
the departmental Board if the penalty is a term of youth custody and
chief physician at the medical facility where the condemned
is enrolled if the penalty means surrender to
forensic psychiatric care. If the convicted person himself in the State's
Board of institutional care or a care facility requesting that the judgment
sent over to another State, the request was sentenced
handed over to the prison system.
Consultation with other authorities
3 § At correctional determination whether there is
conditions for sending over a ruling on detention
penalty to another Member State, the authority shall consult
with
1. the competent authority of the other State,
2. The Swedish National Board of institutional care, if the penalty is closed
youth care, and
3. the chief physician at the medical facility where the condemned
is enrolled, if the penalty means surrender to
forensic psychiatric care.
Consultation in accordance with the first paragraph 1 is not needed when the judgment shall
be sent over without the other State's consent.
When needed for examination pursuant to the first subparagraph,
The prison system obtaining information from the immigration service,
The Swedish tax authorities, police authorities and other authorities than those
referred to in the first subparagraph.
The Swedish National Board of institutional care, Chief Medical Superintendent,
The Swedish Migration Board, the Revenue Commissioners and the police should leave
the information necessary for the correctional probation.
The setting was sentenced
4 § the condemned can account for their approach to a
judgment on deprivation of freedom penalty sent over to another
Member State. The report submitted in this case to
1. The prison system,
2. The Swedish National Board of institutional care, if the penalty is closed
youth care, or
3. the chief physician at the medical facility where the condemned
is enrolled, if the penalty means surrender to
forensic psychiatric care.
The setting was sentenced to a sentence sent over to
be documented in an appropriate manner. As indicated in the first
paragraph 2 or 3 shall send the documentation to the
The prison system.
§ 5 If the convicted person agree to a verdict sent over,
the consent shall satisfy itself that the person has
provided the consent with full knowledge of its significance.
A revocation of a consent can be provided to
The prison system or the one specified in the first subparagraph of paragraph 4 of 2
or 3.
Coercive measures
section 6 If a request referred to in Chapter 2. section 7 of the Act (2015:96) about
recognition and enforcement of custodial penalties
within the European Union is made before a judgment is transmitted to the
other Member State, such a request should contain the
the information shown by the certificate constitutes annex I of
Council framework decision 2008/909/JHA of 27 november 2008 on
application of the principle of mutual recognition to
criminal convictions in respect of imprisonment or other deprivation of liberty
measures for the purpose of their enforcement in the European
Union. The request shall also set out the reasons for the measure.
Notice to the condemned
section 7 of the prison system shall notify the person of his decision in
to send over a judgement on the deprivation of freedom penalty
to another Member State in order to be recognised and
enforced. If the convicted person is present in the other State,
get probation instead, notify the competent
authority of the State.
A notification referred to in the first subparagraph shall be drawn up in
accordance with annex II to Council framework decision 2008/909/JHA.
If necessary, the prison system translate notification
into a language that the person understands.
Transmission of the judgment
section 8 a judgment on deprivation of freedom penalty should be sent over
in writing to the competent authority of the other
the Member State.
The judgment shall be accompanied by a certificate is drawn up in accordance
with Annex I to Council framework decision 2008/909/JHA and the
documentation drawn up in accordance with the third subparagraph of paragraph 4.
The certificate and the documentation referred to in the third subparagraph of paragraph 4 of
should be written in, or translated into that other Member State
official language or another language which that Member State
accepts.
paragraph 9 of the judgment, the certificate and other documentation will be sent over
by mail or courier. The prison service may, however, after
agreement with the competent authority of the other
Member State shall send these documents by fax or
electronic mail or other means.
paragraph 10 of the judgment and other documents shall be sent over when
Correctional decisions under Chapter 2. section 4 of the Act (2015:96) about
recognition and enforcement of custodial penalties
within the European Union has a legal effect. If there is
specific reasons, it may, however, take place at an earlier
point in time.
Translation of the judgment
section 11, if the competent authority of the other Member State,
After the judgment was sent over under section 10, requesting that
the entire judgment or substantial parts of the sentence are translated into the
the State's official language or another language which that Member State
accepts, the probation service, after consultation with the other
State competent authority, shall be responsible for such
translation is done.
Notification to the other Member State
section 12 of the prison system shall immediately notify the competent
authority of that other Member State for a decision under 2
Cape. 8 or 9 of the Act (2015:96) the recognition and
enforcement of custodial penalties in the European
Union. If a decision pursuant to Chapter 2. section 8 of the Act does not have
a force of law, this shall be indicated.
Partial recognition and enforcement
paragraph 13 of the probation service shall consult with the competent authority
in the other Member State before a judgment be communicated to
prosecutors for the notification pursuant to chapter 34. section 18 of the criminal code.
Transfer and transport of the sentenced person
section 14 of the prison system shall consult with the competent authority
in the other Member State on matters relating to the transfer and
the transport of the sentenced person.
If it is necessary to transport the person to a
Member State, receive probation request permission to
transport through the territory of another Member State. Such a request shall
be made in writing and be accompanied by a certificate established
in accordance with Annex I to Council framework decision 2008/909/JHA.
If the State as referred to in the second subparagraph has received
the petition requesting the certificate shall be translated into the
the State language or another language which that Member State accepts.
Petition for exemption from the rule of speciality
section 15 where a competent authority of another Member State in
The prison system has made a request under Chapter 2. section 13
Act (2015:96) on the recognition and enforcement of
custodial penalties in the European Union,
the request was immediately forwarded to the
The Prosecutor's Office.
Chapter 3. Recognition and enforcement of a foreign judgment on
deprivation of freedom penalty
Request that a judgement on the deprivation of freedom penalty should be sent
over
section 1 of the Swedish prison and probation service may request a ruling on detention
penalty is sent from another Member State to Sweden for
to be recognised and enforced here.
The convicted person may in the prison system to apply to a request
referred to in the first subparagraph is made. The prison system shall notify the
competent authority of the other State, if the convicted person has
made such an application.
Receipt of a foreign judgment
section 2 If a foreign judgment has been sent to an authority other than
The prison system, the authority shall immediately forward the
judgment and other documents in the case to the prison system.
The prison system shall inform the competent authority of the
other Member State accordingly.
The setting was sentenced
§ 3 If the convicted person is in Sweden when a foreign judgment
sent over to be recognised and enforced here,
The prison system provide the other Member State to obtain
the sentenced approach to judgment is sent over.
Translation of a foreign judgment
section 4 of the Swedish prison and probation service may, after consultation with the competent
authority of that other Member State, request the
foreign judgment, in whole or in part is translated to Swedish,
Danish, Norwegian, or English if necessary to
authority to determine whether the judgment to be recognised and
enforced here.
Consultation with the competent authority of the other
the Member State
paragraph 5 of the probation service shall consult with the competent authority of
the second Member State
1. before the authority decides whether to admit a
foreign judgment sent over,
2. If it can be assumed that there are no conditions to
recognise and enforce a foreign judgment, or
3. whether a foreign judgment can be recognised only in part, and
enforced in Sweden.
Prison authorities may consult with the competent authority of the
other State before a request is made under paragraph 1.
The prison system may, in the cases referred to in article 4 (4) the Council
framework decision 2008/909/JHA provide an opinion to the competent
authority of that other State.
section 6 of the probation service shall consult with the competent authority of
the second Member State in matters relating to the transfer and
the transport of the sentenced person.
Consultation with other government agencies in Sweden
section 7 of the penal system, when considering whether there is
conditions to recognise and enforce a foreign
they consult with
1. The Swedish National Board of institutional care, if a foreign sentence can
be executed as a term of youth custody, and
2. The National Board of health and welfare, about a foreign penalty may be
enforced as surrender to the offenders.
The Swedish National Board of institutional care and the National Board of health shall submit the
information needed for correctional determination regarding the
There are conditions to recognise and enforce a
DOM.
section 8 when needed for the examination of whether there is
conditions to recognise and enforce a foreign
DOM, the prison system obtaining information from
The Swedish Migration Board, the tax agency, law enforcement agency or other
authorities.
The Swedish Migration Board, the Revenue Commissioners and the police should leave
the information necessary for the examination of whether the prison and probation service
There are conditions to recognise and enforce a
DOM.
section 9 If a foreign judgment relating to an act of
tryckfrihetsförordningens or freedom of Constitution
areas, the probation service shall consult and, if necessary, obtain
opinion from the Attorney General.
Notification to the other Member State
section 10 the prison system shall immediately notify the competent
authority of that other Member State, if the decision in question
on the recognition and enforcement cannot be made within ninety
days after it has received the decision.
The prison system should indicate the reason for the delay and the time
as an estimated is needed for a decision.
section 11 of the probation shall notify the competent authority in
the other Member State of
1. decision to acknowledge that a judgment is sent over to Sweden,
2. the applicable provisions on conditional release, if
This is requested by the other State,
3. any decision to refuse recognition and enforcement,
4. a decision on enforceability and the date
the decision, and
5. a judgement in the case of determining the new sentence.
The prison system shall also inform the competent authority
in the other State if
1. the convicted person cannot be found on Swedish territory,
2. the enforcement in Sweden is terminated;
3. the convicted person has absconded from execution, and
4. the convicted person has been released from the detention
the sentence.
If the penalty is a term of youth custody or surrender
for offenders, the Swedish National Board of institutional care
or the chief physician at the medical facility where the
the judge is inscribed inform the probation service if
circumstances referred to in the second subparagraph 2 – 4.
Coercive measures
section 12 of a request for the use of coercive measures against a convicted
person who comes in to the prison system from another
Member State shall immediately be forwarded to the public prosecutor's Office.
13 § When the prison system has decided to entrust to
The Prosecutor's Office to apply to the District Court for determination
of a new penalty pursuant to Chapter 3. 12 paragraph 2 law
(2015:96) on the recognition and enforcement of
custodial penalties in the European Union,
The Prosecutor's Office immediately informed thereof.
section 14 of the public prosecutor shall inform the probation service if the
measures to be taken concerning coercive measures. The prison system
shall in turn inform the competent authority of the other
Member State measures and that a decision on the
coercive measures be lifted unless the foreign judgment is received
within forty days of the decision.
section 15 of the prison system shall immediately notify the public prosecutor's Office
and the Court when the foreign judgment is received according to
Chapter 3. section 6 of the Act (2015:96) on the recognition and enforcement
of custodial penalties in the European Union.
Petition for exemption from the rule of speciality
section 16 of the request for authorisation for such action that
referred to in Chapter 3. 4 section 9 or section 24 of the Act (2015:96) on the recognition
and enforcement of custodial penalties in
The European Union made by the prison service of the competent
authority of that other Member State.
Before such a request is made, the probation service shall consult
with the public prosecutor's Office or the police. These
authorities shall submit the information necessary for the
Correctional probation.
The complaint shall contain the information referred to in section 17
second paragraph Regulation (2003:1178) for submission to the
Sweden according to the European arrest warrant.
Waiver of protection according to the rule of speciality
section 17 Of the convict intends to waive the protection as shown
of Chapter 3. section 24 of the Act of the first paragraph (2015:96) on the recognition
and enforcement of custodial penalties in
The European Union, a statement to that effect shall be submitted to the
The Prosecutor's Office.
The Declaration shall be recorded on a form provided by the
The Prosecutor's Office. The form shall, where necessary, be translated into
a language that the person understands. If another language is used,
It should be noted the measures taken to
Verify that the transferred has understood
by forgoing the protection.
Notifications to the probation service in determining new
penalty
section 18 if the Court determines a new sanction under Chapter 3. section 14 of the
Act (2015:96) on the recognition and enforcement of
custodial penalties in the European Union,
send a copy of the Court judgment to the prison system.
Notification to the other Member State at the transmission
of a judgment as a result of an arrest warrant
section 19 of the enforcement of a custodial penalty shall
transferred to Sweden as a result of a decision under Chapter 7.
section 1 of the Act (2003:1156) on surrender from Sweden according to a
European arrest warrant or Chapter 6. section 1 of the Act
(2011:1165) on surrender from Sweden according to a Nordic
arrest warrant, the probation service shall inform the other
State which provisions applicable to
the transfer.
Chapter 4. Other provisions
(1) if the convicted person has children in Sweden, the Swedish prison and probation service
consult with and obtain the opinion of the social welfare board.
The Social Welfare Committee shall disclose to correctional
the child's previous contact with the convicted person, the child's continued
need for contact and how the contact would be affected by a
custodial penalty is enforced in Sweden or another
Member State.
section 2 of the request for permission to transport through Sweden
According to Chapter 4. section 6 of the Act (2015:96) the recognition and
enforcement of custodial penalties in the European
the Union shall be in writing and be accompanied by a certificate
is drawn up in accordance with Annex I to Council framework decision
2008/909/JHA. Police authorities may request the certificate
translated into Swedish, Danish, Norwegian or English.
The police authorities shall inform the State which has requested
conditions referred to in the first subparagraph if the convicted person is suspected of
crime in Sweden or have been sentenced to a penalty not yet
has been served here.
section 3 of the probation service may provide further instructions on
the application of the law (2015:96) the recognition and
enforcement of custodial penalties in the European
Union and this regulation.
