Chapter 1. General provisions
The law's content and applicability
section 1 of this Act are implemented Council framework decision 2008/909/JHA
of 27 november 2008 on the application of the principle of
mutual recognition to judgements in criminal matters relating to prison
or other custodial measures in order to enforce the
those in the European Union (framework decision).
section 2 of this Act does not apply in relation to Denmark and
Finland if the law (1963:193) on cooperation with Denmark,
Finland, Iceland and Norway concerning the enforcement of a sentence
accommodation is applicable.
section 3 Of the European Union by a particular decision has
suspended the application of the framework decision in relation to a
Member State, or where a Member State has suspended the application of
the framework decision or the national legislation implementing the
the framework decision does not apply to this Act in relation to the
State.
Definition of a Swedish verdict on deprivation of freedom penalty
4 section With a Swedish verdict on deprivation of freedom penalty referred to in
This law a judgment or a final decision
1. given by a Swedish court,
2. as regards prison, surrender to the psychiatric
care or a term of youth custody, and
3. that has a legal effect.
Definition of a foreign judgment on deprivation of freedom penalty
section 5 With a foreign judgment on deprivation of freedom penalty referred to in
This law is a crucial
1. given after criminal proceedings by
a court in a Member State of the European Union,
2. as regards a custodial sentence or a detention order
for a limited or unlimited period of time due to a
the Act that is punishable in the Member State, and
3. that has a legal effect.
Regulations on the application of this Act
section 6 of the Government or the authority, as the Government determines
lets under Chapter 8. section 7 of the Constitution notify closer
regulations on the application of this law.
Chapter 2. Recognition and enforcement of a judgment in Swedish
custodial sentence in another Member State within
The European Union
Conditions for sending a Swedish verdict
Basic requirements
§ 1 a judgment on deprivation of freedom penalty may be sent over to
another Member State in order to be recognised and enforced
1. If the convicted person is in that other Member State, or
in Sweden,
2. If the conditions in paragraphs 2 and 3 are fulfilled,
3. social rehabilitation of the sentenced is facilitated by the
the execution is transferred there, and
4. If it is otherwise appropriate.
If less than six months of deprivation of liberty remains to be
serving at the time of transmission of the judgment, the
be sent over only if special reasons argue in favour of
enforcement will be transferred to the other
the Member State.
The other State's consent
section 2 of the judgments may be sent over under section 1 where the competent
authority of that other Member State has consented
that judgment will be sent over there.
The consent referred to in the first subparagraph is not required if the sentenced person is
1. citizen and resident in the other Member State,
2. nationals of the other Member State and after
the enforcement of the sentence will be deported there to
as a result of a deportation order in the judgment announced under the 8 (a)
Cape. the Aliens Act (2005:716), or
3. resident and have resided legally without interruption for at least
five years in the second Member State.
For a judgment to be sent over by virtue of the second paragraph 3
to the other Member State have reported that a consent to the
to send over the judgment in these cases is not required.
The consent of the sentenced
paragraph 3 of The judgment may be sent over under section 1 if the convicted person consented
that judgment is communicated.
The consent referred to in the first subparagraph is not required if the sentenced person
1. is a citizen and resident in the other Member State,
2. after the enforcement of the sentence will be deported
to the other Member State as a result of a judgment
announced the decision to expel under 8 a Cape. the Aliens Act
(2005:716), or
3. have escaped or otherwise returned to the other
Member State because of the criminal proceedings against
him or her in Sweden or after judgment
It was announced.
Procedure
section 4 of the Swedish prison and probation service decides whether the conditions
According to the law are met and decides if a judgment on
custodial penalty shall be sent over to another
Member State in order to be recognised and enforced.
§ 5 If the convicted person is in Sweden, the Swedish prison and probation service,
before a decision is taken in accordance with paragraph 4, ask the person about his or
her attitude to the verdict is sent to the other
the Member State. The convicted person shall be informed of the implications of that
a consent is provided.
If the convicted person is in that other Member State, he should
or she will be asked, if possible, under the first subparagraph. If the
sentenced consent is required under paragraph 3, the probation service in the
other competent authority requesting assistance in obtaining
such a consent.
A withdrawal of consent shall be taken into account if it is done before
Prison and probation service decision to send over the judgment has a Cook
force.
section 6 of the probation service shall send the judgment to a competent
authority of that other Member State. The judgment shall
be sent to more than one Member State.
Coercive measures
section 7 if the convicted person is in that other Member State,
The prison service may request that the State Auditor, the convicted person or
take any other measure to ensure that he or
She will remain on its territory, pending the
the State's decision to recognise and enforce the judgment.
Repeal of decision on the transmission of a judgment
section 8 of the prison service may cancel the decision to send over a
judgment under paragraph 4 until execution begins in the
other State.
§ 9 the prison system shall immediately revoke the decision to send
of a judgment under section 4 If the sentence has lapsed pursuant to
Swedish law or may no longer be executed due to
a decision by a Swedish authority. This will happen even if the
implementation has commenced in the other State.
Enforcement in Sweden
section 10 Of the enforcement of the penalty referred to in the judgment
going on in Sweden when it is sent over to the other
Member State to be recognised and enforced,
enforcement continue here until the condemned
be transported to the other State in accordance with section 12.
If the convicted person, after the judgment has been sent over to the
other State, arrested in another case, applied the law, section 9
(1974:202) concerning the calculation of the penalty time etc.
If the prison system according to section 8, have reversed a decision to
send over a verdict or where a competent authority of the other
the Member State decided not to recognise and enforce the judgment,
, enforcement of the sentence to continue or commence in
Sweden. The same applies if the authority of the other State
has informed the prison authorities that the enforcement of other
reasons cannot take place in the State.
The transfer of the sentenced person
section 11 of the convicted person shall be transferred to the second Member State so
soon as possible and at the latest within thirty days after the
the State's decision to recognise the judgment and enforce the sentence.
If there are special reasons, the transfer occur at a
later time than what is stated in the first paragraph.
The transport of the sentenced person
section 12 of the prison system shall ensure that the sentenced person is transported
to the Member State where the sentence is to be enforced.
The prison system may request the assistance of the police.
If it is necessary to transport to
implemented, may the police take the person into custody, however,
the longest during the forty-eight hours.
Rule of speciality
section 13, If a convicted person has been transferred to another
Member State in accordance with this law, a competent authority of the
the State makes a request for permission to prosecute, sentence
or otherwise deprive the convicted person's freedom to
other offences committed prior to the transfer, than that for
which he or she is transferred, the chapter 6. 8 § law
(2003:1156) on surrender from Sweden according to the European
arrest warrant, unless otherwise provided by this Act.
The District Court shall issue a decision no later than thirty days after the
that the request was received.
The first and second subparagraphs shall also apply if a request
If authorisation is made after a judgment has been sent over to
recognition and enforcement under section 6, but before the second
the State has decided on the matter.
Forwarding of a judgment arising from a European or
the Nordic arrest warrant
section 14 If a surrender to Sweden for the prosecution has been
According to Council framework decision 2002/584/JHA of 13 June 2002 on
a European arrest warrant and the surrender procedures between
Member States, and the handover took place on condition that:
those who surrendered are returned to the other Member State
to execute a, on the occasion of the handover, in
Sweden condemned the detention penalty applied 6 and 9-12
§§.
If a request for surrender to Sweden for enforcement
of a custodial penalty in accordance with the framework decision set out
in the first subparagraph have been rejected on the ground that the other
Member State takes over the enforcement of the penalty applied
6 and 9 sections and section 10, third paragraph. The same applies when a
such denials under the Convention of 15 december 2005 on
transferring between the Nordic States because of crime.
Chapter 3. Recognition and enforcement of a foreign judgment on
custodial penalty in Sweden
Obligation to recognise and enforce a foreign judgment
(1) a foreign judgment on deprivation of freedom penalty sent
from another Member State shall be recognised and enforced in
Sweden if the conditions in paragraphs 2 and 3 are fulfilled and
subject to the provisions of this law.
Conditions for accepting a foreign judgment
Connection to Sweden
section 2 of the order for a judgment shall be recognised and enforced this required
that the convicted person is present in the other State or in Sweden
and
1. is a Swedish citizen and resident of Sweden,
2. is a Swedish citizen and, as a result of the judgment be
be rejected or expelled here after the execution of
the penalty,
3. resides and has resided legally without interruption for at least
five years in Sweden and it is believed that he or she will
retain their right of residence or permanent
residence permit, or
4. The prison service has admitted that it sent over to
Sweden.
What is said in the first paragraph 3 applies only if the second
Member State has notified an admission from the State
to send over a conviction is not required in the corresponding case.
The prison system must provide a consent referred to in the first subparagraph
4 social rehabilitation of the sentenced is facilitated by a
the transfer of enforcement to Sweden and the otherwise
seems appropriate.
The consent of the sentenced
section 3 For a judgment shall be recognised and enforced this required
also that the convicted person has consented to judgment is sent over
to Sweden.
The consent referred to in the first subparagraph is not required if the convicted person
1. is a Swedish citizen and resident of Sweden,
2. as a result of the judgment can be rejected or expelled
to Sweden after the execution of the sentence, or
3. have escaped or otherwise returned to Sweden on
because of the criminal proceedings against him or
her in the other State or after the judgment
It was announced.
Obstacles to recognition and enforcement
4 § a foreign judgment on deprivation of freedom penalty shall not
be recognised and enforced in Sweden
1. If less than six months of the sentence remains to serve
When the judgment is received by the prison system,
2. If the Act on which the sentence does not correspond to the crime
According to Swedish law and there is no question of such a deed
as indicated in the annex to this Act and for which the
in the other State is mandating a
custodial sentence of three years or more,
3. If the acts to which the penalty relates wholly or partially
committed in Sweden and does not correspond to the crime under Swedish law
or if an application of chapter 35. 8-10 of the criminal code
would mean that the penalty lapsed,
4. If the penalty for the same act as that for have been communicated
a verdict in Sweden or in another State and a Cook
power and the penalty on a conviction has been served,
in the process of being enforced or can no longer be enforced under the
the law of the State in which the judgment,
5. If the convicted person at the time of the crime under the age of fifteen
years,
6. for enforcement in Sweden would not be in line with the
provisions concerning immunity,
7. where it was given after a hearing where the convicted person
was not present in person, and it has not been confirmed in
the certificate referred to in section 6, to any of the terms of this framework decision in
Article 9(1) of is met,
8. If the sentence includes a measure restricting psychiatric
care or health care or detention
action cannot be executed here, or
9. If the other State has not left Sweden permission to
to prosecute, convict, or otherwise deprive the convicted person the freedom
for the other offence than that referred to in the judgment and committed
before the transmission of the verdict.
§ 5 if taking into account the personal circumstances of the condemned
and the circumstances in General, there are special reasons, a
foreign judgment on deprivation of freedom penalty, despite obstacles, under
paragraph 4, be recognised and enforced in Sweden.
How the procedure starts
Transmission of the judgment and the certificate
section 6 of a foreign judgment that is sent over for recognition and
enforcement shall be sent in writing to the prison system.
The judgment shall be accompanied by a certificate is drawn up in accordance
with Annex I of the framework decision.
The judgment 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.
Defects in the certificate and the absence of judgment
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
enforcement, the prison system provide the competent
authority of the other State to within certain time
come in with supplementation. The same applies if the foreign
the sentence is missing.
If the deficiencies referred to in the first subparagraph remains after the
time specified, it may be decided not to recognise and
enforce the foreign judgment.
Decision on the recognition and enforcement
Determining authority
section 8 of the prison service considers whether a foreign judgment on
custodial penalty shall be recognised and enforced in
Sweden under this Act.
Declaration of enforceability
section 9 If the foreign judgment on deprivation of freedom penalty is
enforceable in Sweden, the Swedish prison and probation service may decide to
enforcement can be done (enforceability).
Of enforceability shall indicate
1. What is the penalty to be enforced in Sweden and its
duration and, where applicable, the adjustments have been made with
support of 12 paragraph 1, or
2. if judgment under section 12 to be communicated first subparagraph 2 of
to a new penalty to be determined.
Deadlines
paragraph 10 of the decision on recognition and enforcement shall be notified to the
within thirty days after the prison system according to
6 § received the foreign judgment. If the prison system has
requested completion under section 7 or if the judgment shall
translated, the time limit of thirty days begin to run after the
to completion or translation is received by the
authority.
Prison authorities may, if there are special reasons, give its
decision at a later date than the first
paragraph.
Partial recognition and enforcement
section 11 Of the foreign judgment on deprivation of freedom penalty refers to
several crimes and obstacles to recognition and enforcement
According to paragraph 4 is in respect of one or more of the offences, the
the foreign judgment, in part, be recognised and enforced in Sweden
as regards the remaining crimes. This applies only if the
is clear from the judgment or by any other means any part of the sentence
relating to this or these remaining offences.
Adaptation of the sentence
When it can be
section 12 Of the custodial penalty imposed in the foreign judgment
needs to be adapted in order to be enforced in Sweden,
The prison system
1. decide if the nature or length of the sanction, or
2. entrust to public prosecutor's Office to make an application to the
the District Court that a new sentence should be determined.
Decision referred to in the first subparagraph may be notified only if
the adaptation of the sentence are of simpler types.
A foreign judgment on deprivation of freedom penalty may, taking into account
to its species, only adapted to prison, surrender
or a term of youth custody of offenders.
A custodial sentence that is customized in accordance with the first
subparagraph may not be more stringent than the original
custodial sentence.
The length of the sanction
paragraph 13 of the decision pursuant to paragraph 12 1 if the length of the sanction
to be notified if the penalty is limited in time and
1. to be enforced in Sweden as a prison and its length
more than eighteen years, or
2. to be enforced in Sweden as a term of youth custody and its
duration exceeding four years.
In the case referred to in the first subparagraph 1, sentence length
determined to eighteen years. In the case referred to in the first subparagraph 2
the length of the sanction will be determined for four years.
Determining the new sentence
section 14 of the cases referred to in section 12, first paragraph, 2, right
determine a new penalty in as closely as possible corresponds to the
Foreign sentence, in terms of both its nature and its length.
Law may impose less severe punishment than that provided
for the crime or crimes. In determining a new penalty
the right not to examine if the sentenced person has committed the current
the deed.
For commercial processing applied procedural bar
provisions regarding trial in criminal proceedings, subject to
of this law. The decision of the Court of the thing is done by judgment.
Coercive measures
section 15, a sentenced person may, at the request of a competent authority in
the second State be arrested by prosecutors if there is a risk that
He or she deviate, or otherwise have evaded
enforcement in Sweden under this Act.
The who has not reached the age of fifteen years shall not be arrested. The who
under the age of eighteen years may be arrested only if there is
serious reasons.
If there are grounds for detention provided for in the first subparagraph but
It is sufficient that the sentenced announced travel bans or
It is decided if the notification obligation, should such a measure
decided instead of arrest. In the cases referred to in Chapter 24.
section 4 of the code of judicial procedure, monitoring, to substitute a
arrest.
section 16 If the convicted person has been detained, arrested,
announced travel bans or imposed obligation
apply the rules which apply in the corresponding action under
the code of judicial procedure, unless otherwise provided by this Act. What
provisions of the code of judicial procedure concerning the public defender shall apply
in the case of public counsel.
For the measures referred to in the first subparagraph and for commercial
decisions on detention, apply the conditions set out in 15
§. As stated in the code of judicial procedure, if time for bringing
indictments shall not apply.
section 17 of the decision under section 15 must be notified even after the judgment
sent over under section 6 or after correctional decisions
According to section 9.
Decisions on coercive measures applicable to its foreign
the sentence commenced in Sweden, if the decision is not
be repealed before then.
section 18 of the public prosecutor or court shall annul a decision
enforcement of the foreign judgment is not received by the
The prison system within forty days of the condemned
arrested or detained, or any other action referred to in section 15
It was decided.
The Prosecutor or court shall also revoke a decision on
arrest or detention if continued deprivation of liberty
would be unfair having regard to the time
the detention lasted and the penalty imposed.
§ 19 in determining new custodial penalty under 12
paragraph 2, 24 and 25. the code of judicial procedure
applied.
The who has not reached the age of fifteen years shall not be arrested. The who
under the age of eighteen years may be arrested only if there is
serious reasons.
The transport of the sentenced person
section 20 of the prison system shall be responsible for the transport of the sentenced person
in Sweden. The prison system may require the use of
The police authority.
The enforcement in Sweden
Applicable rules
section 21 Enforcement in Sweden is governed by the
at the execution of imprisonment, a term of youth custody or
surrender to the offenders, subject to
of this law.
Execution may take place even if the penalty is more severe than
that according to Swedish law, had been able to follow in the crime or
the crimes.
The time that the convicted person has been arrested in the other State
and in Sweden on the occasion of the offences the penalty relates to
shall be credited to him or her during the execution.
Conditional release
section 22 of the prison system, in the case of a decision under section 20 of the Act
(1974:202) concerning the calculation of the penalty time etc, set a
time for parole which occurs earlier than
as provided for in chapter 26. section 6 of the criminal code if the convicted person
otherwise they will be detained under a substantially
longer in Sweden than on the execution had taken place in the
other State.
Suspension of enforceability
section 23 of A declaration of enforceability shall be repealed
1. If the other State has revoked the judgment and the certificate and
implementation has not yet begun in Sweden,
2. If the other State has informed the condemned clemency or
Amnesty or other decisions under the law of the State
means that the penalty can no longer be enforced,
3. If the convicted person has departed from the enforcement and
The prison service has informed the competent authority in the other
the State, or
4. If a new penalty under section 14 has not been determined.
Decision concerning the withdrawal of a declaration of enforceability under
first paragraph 1 – 3 are notified by the probation service. In the case that
referred to in the first paragraph 4 decides the right for revocation. If
Declaration of enforceability has been suspended in accordance with the first
paragraph 2 or 3, a stub enforcement cease.
Rule of speciality
section 24 a convicted person who has been transferred to Sweden according to this
This law shall not be prosecuted, sentenced or otherwise deprived of
their liberty for any other breach committed prior to
transfer than the offence for which he or she
been transferred.
The first subparagraph shall not apply where:
1. the convicted person after he or she had been freed had
opportunity to leave Sweden, but not done it within
forty-five days or returned here after having first left
Sweden
2. the offence or offences in question may not lead to imprisonment or
Another custodial sentence,
3. the convicted person has consented to the transmission of the judgment,
4. the convicted person after the transfer has expressly refrained from
the protection referred to in the first subparagraph in respect of
specific crimes committed prior to the transfer, or
5. the other State has given his permission to
operation.
The transfer of enforcement to Sweden to
result of a European or Nordic arrest warrant
section 25 of Chapter 7. Act (2003:1156) on surrender from Sweden
According to the European arrest warrant and the chapter 6. the law
(2011:1165) on surrender from Sweden according to a Nordic
arrest warrant provides for the transfer of
enforcement to Sweden as a result of a request for
surrender in accordance with a European or Nordic
arrest warrant.
Chapter 4. Other provisions
Public counsel
section 1 of the public counsel, in a case under this Act
appointed for the condemned, unless it can be assumed that the need for
assistance is lacking.
Rules on appeals of decisions on public counsel
see Act (1996:1620) if public counsel.
Appeal
2 § correctional decisions may be appealed if the authority
1. tried a judgment on custodial penalty shall be sent
over to another Member State for recognition and
enforcement under Chapter 2. paragraph 4,
2. decided pursuant to Chapter 2. section 8 to rescind a decision to
send over a judgment in another Member State for recognition
and enforcement under Chapter 2. paragraph 4,
3. tried if consent to a ruling on detention
penalty is sent over to Sweden under Chapter 3. section 2 of the third
subparagraph shall be provided, or
4. tried for a declaration of enforceability must be notified according to the 3
Cape. § 9.
An appeal should be made to the District Court within whose
territorial jurisdiction of the correctional, the custody, the youth home
or the health care facility is where the convicted person was enrolled
When the first decision of a matter under this
team.
If there is no jurisdiction in accordance with the second subparagraph,
should an appeal be made to the District Court where the convicted person has
their place of residence. With the resident was sentenced, of course, the place where the
the judge is registered.
If there is no jurisdiction under the second or
third subparagraph, correctional decisions may be appealed to the
The Stockholm District Court.
§ 3 when dealing in court law (1996:242) if
Court cases, unless otherwise provided by this Act.
If the right is considering to lift the
Declaration of enforceability that the prison service announced as
Chapter 3. section 9, shall be given an opportunity to be heard.
The competent District Court
the provisions of paragraph 4 of article 2 of the second to fourth paragraphs of territorial
District Court also apply when an application is made for permission
According to Chapter 2. section 13, or when a new penalty to be determined
According to Chapter 3. 12 paragraph 2.
Prohibition of charges
§ 5 If a foreign judgment on deprivation of freedom penalty shall
enforced in Sweden under this law, the prosecution of the
the acts to which the penalty relates to not be instituted in this country.
Authorization to transport by Sweden
section 6 of the Requested authorization to transport by Sweden of a convicted
person under the framework decision should be transferred from a
Member State of the European Union to another Member State
for the enforcement of a penalty there, the Police
immediately grant such permission and set the conditions under which the
the shipment may be effected.
If such permission has been granted, the police take
the transferred into custody, but not under 48 hours, if
It is necessary to transport to occur.
If an unplanned stopover occurs, the condition to
transportation be requested. The police may, in anticipation of a
request and until authority examined such
request, take the transferred into custody. For permission to
transport is not claimed within seventy-two hours from landing,
should the person be released immediately. Granted permit
second paragraph.
Transitional provisions
2015:96
1. this law shall enter into force on 1 april 2015.
2. the Act shall not apply in dealing with a case concerning the
transfer of a custodial sanction under the law
(1972:260) for international cooperation on
enforcement of Criminal Court, if the case is started before
the entry into force.
3. the Act shall not apply in dealing with a case in
respect of any Member State within the European Union
When the case is initiated has not implemented the Council framework decision
2008/909/JHA of 27 november 2008 on the application of the
the principle of mutual recognition to judgements in criminal matters relating to
imprisonment or other custodial measures in order to
enforcement within the European Union.
4. the Act shall not apply in respect of any Member State
within the European Union which made a declaration pursuant to
Article 28 (2) of framework decision 2008/909/JHA of 27 november 2008
on the 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
that compared to a a final before a
certain date, the framework decision shall not apply.
Annex
Acts referred to in Chapter 3. 4 paragraph 2 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 and radioactive substances
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