Regulation (2015:109) On The Recognition And Enforcement Of Custodial Penalties In The European Union

Original Language Title: Förordning (2015:109) om erkännande och verkställighet av frihetsberövande påföljder inom Europeiska unionen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:109

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.