Law (2015:96) On The Recognition And Enforcement Of Custodial Penalties In The European Union

Original Language Title: Lag (2015:96) 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=2015:96

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