Regulation (2014:1553) On The Prevention And Resolution Of Disputes Concerning The Exercise Of Jurisdiction In Criminal Proceedings In The European Union

Original Language Title: Förordning (2014:1553) om förebyggande och lösning av tvister om utövande av jurisdiktion i straffrättsliga förfaranden inom Europeiska unionen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:1553

Introductory provisions



section 1 of this regulation is implemented the Council framework decision

2009/948/JHA of 30 november 2009 on prevention and

settlement of disputes concerning the exercise of jurisdiction in

criminal proceedings.



section 2 of All communications and all consultations under this regulation

will take place between the Prosecutor and the competent authorities of the other

the Member State. Communication and consultation should in appropriate

extent is documented by the Prosecutor.



section 3 Of the European Union by means of a specific decision has

suspended the application of the framework decision in relation to a

Member State, or where a Member State has ceased to apply

the framework decision or the national legislation implementing the

the framework decision does not apply to this regulation in relation to

the State.



Exchange of information



A Swedish request for information



4 section If there are reasonable grounds for believing that a person is

subject to investigation or subject to public prosecution

also is the subject of criminal proceedings in respect of

the same acts in another Member State, the Prosecutor shall contact

the State's competent authority and request information about

whether there is such a procedure in the State.



section 5 of the Court under section 4 shall contain information on the



1. the Prosecutor's name and contact details,



2. the criminal offence, stating the time and place

for the offence, and the circumstances surrounding the offence,



3. the suspect or the accused's identity,



4. the civil claimant ' s identity, as the case may be,



5. at what stage the Swedish procedure,



6. detentions that have taken place in Sweden, and



7. any time-limit within which the Prosecutor wishes to reply.



The request must be drawn up in or translated into the other

language or languages of the Member State in which the State has

stated that it accepts.



Another Member State's request for information



6 section A request for information from another Member State if

whether there is an ongoing criminal proceedings in Sweden

with respect to a particular person and a particular offence should be dealt with by

prosecutors. The Prosecutor will respond to the request within the time limit

specified or, if no time limit is specified, without undue

delay. The request should be processed promptly if the suspect

or defendant is in custody.



If the request cannot be answered within the specified time limit,

the competent authority of the other Member State

immediately be informed of the reasons for this and when response can

left.



section 7 A request pursuant to section 6 shall be made on or

translated into Swedish, Danish, Norwegian or Swedish.



section 8 in response to a request made under section 6, shall contain the information

as to whether the investigation is in progress, general prosecution has brought

or judgment or final decision given against the person

question in Sweden for the same offence as that referred to in

request. If that is the case, the answer also contain the Prosecutor's

contact information, information about at what stage the procedure

and, where appropriate, information on the judgment

or the final decision.



Consultation



section 9 If it is established that there is a criminal

proceedings against the same person for the same offence in a

another Member State, the Prosecutor shall consult with the competent

authority of the other Member State of the conditions

to coordinate the procedures.



section 10 of the public prosecutor shall, so long as the consultation is in progress, keep the

competent authority of the other Member State of the

the decisions taken in the Swedish procedure.



section 11 Of the after the consultation reached consensus that the prosecution

in respect of the offence in question is wholly or partly in

Sweden, the Prosecutor shall inform the competent authority of

the other Member State of the end of the Swedish

procedure.



Limitation of the obligation to disclose information



§ 12 data may not be disclosed under this regulation if

It is contrary to law or regulation or there is objective

reason to believe that a disclosure may cause damage to important Swedish

security interests or jeopardize individuals '

Security.