Regulation (2014:1106) On The Processing Of Cases Of Crimes By Employees In The Police And Certain Other Executives

Original Language Title: Förordning (2014:1106) om handläggning av ärenden om brott av anställda inom polisen och vissa andra befattningshavare

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:1106

The scope of the



section 1 of this regulation provides for the

Police handling of certain matters relating to

employees of the police, some contractors in

The police authority and the undergoing basic training to

police officer. Of section 6 States that the regulation in some parts

also applies in dealing with cases of crimes of some

other executives.



Investigations of wrongful conduct in connection with

the employment



section 2 of the regulation is applicable in cases where



1. in a report has suggested that an employee in the police force

is guilty of an offence relating to the

employment or in any other way, acted improperly

in the exercise of public authority,



2. a person has been seriously injured either during the stay in

a police arrest or by something that an employee in the police force

has made in the employment, or



3. in any other case, be to open

preliminary investigation against an employee in the police for offences

related to the employment.



It listed if a staff member in the first paragraph also applies to a

contractors who are supported by a special order from

The police authority is performing work on behalf of the authority under the direction

by a police officer.



paragraph 3 of the Regulation does not apply to such matters as set out in

2 § about



1. in the case of any other violation of traffic regulations

than the breach of paragraph 1 or 3 and 5 of the Act (1951:649)

If the penalties for certain traffic offences,



2. in the cases referred to in section 2 of the first paragraph 2, it is found that

the injury was not serious, and



3. The police authority decides to issue an order if

a summary penal fee or to initiate a preliminary investigation.



A decision to close down such preliminary investigation as

referred to in the first paragraph 3 shall be taken by a Prosecutor.



Investigations of crimes not related to the employment



section 4 of the Regulation also applies in cases where

the case has brought about



1. a staff member in the police force is guilty of something

offences not connected with the employment, or



2. the undergoing basic training to police officer has made

guilty of any crime.



section 5 of the regulation does not apply to such matters as set out in

4 § about



1. only a fine is prescribed for the offence, and



2. The police authority decides to issue an order if

a summary penal fee or to initiate a preliminary investigation.



A decision to close down such preliminary investigation as

referred to in the first subparagraph 2 shall be taken by a Prosecutor.



Investigations into crimes of some other executives



section 6 except as provided in sections 2 and 4 of this regulation

at the Police handling of the cases by

The public prosecutor's Office are dealt with by the Prosecutor which is particularly

seconded for the investigation of cases concerning crimes committed by

employees of the police, prosecutors, judges, and certain other

public executives. The same is true at

Police handling of the cases handled by

the Prosecutor General, if the Attorney General does not determine otherwise.



Investigations before there is a suspicion of specific crimes



section 7 of the regulation also applies in the case of activities to

prevent or detect if an employee within

Police, such contractor referred to in section 2 of the other

subparagraph or the undergoing basic training to police officer

exercises or may exercise criminal activities

includes offences for which provision is made in a

years or above.



The fate



The Department of special investigations



paragraph 8 of the Cases referred to in 2, 4, 6 and 7 sections are dealt with at

The Department of special investigations by the police.



Article 9 of the cases referred to in paragraphs 2 and 4 shall immediately

handed over to the Department of special investigations, which

immediately leave the case on to prosecutors for consideration of

If a preliminary investigation should be initiated.



section 10 of the cases referred to in section 7 shall, as soon as possible

handed over to the Department of special investigations, which

immediately leave the case on to prosecutors for consideration of

If a preliminary investigation should be initiated.



The Prosecutor finds that there are no grounds for initiating a

preliminary investigation, the Department is responsible for specific

investigations for further work to clarify if

criminal activity has been exercised or could be exercised.

The Prosecutor will be continuously informed of the case in order to

consider whether an investigation should be initiated.



section 11 of an investigation under this Regulation shall be carried out

with particular urgency.



Hearing with an employee of the police, such a contractor

referred to in paragraph 2 or the undergoing

vocational education and training to the police to be held by a prosecutor or

a police officer at the Division of special investigations.



Investigative measures before the preliminary investigation has been initiated



12 § If notification is made or the issue of initiating

preliminary investigation from a region or other device

within the Police Department than the Department for specific

investigations or by another authority, such action

referred to in Chapter 23. the fourth subparagraph of paragraph 3 of the code of judicial procedure

taken where notification has been made or the issue raised.



Measures not without danger can be postponed



section 13 If a hearing is not without danger can be deferred may

the hearing, without prejudice to paragraph 11, held by

a police officer who is not a member of the Division of special

investigations. The hearing must be employed by a

other unit within the authority or by another authority and

have higher capacity than the hearing, unless the Prosecutor of

special reasons decides otherwise.



Information obligation



section 14 of the Department of special investigations to inform the

the head of the region that are interested or, if the employee

is not placed in a region, the equivalent Manager at

The police and the security police about



1. such requests received and closed cases referred to in 2 and 4

§ § with regard to employees who are located in the region or

equivalent or to the security police, and



2. circumstances that may be relevant for the assessment

whether the employee should be reallocated, turned off, be terminated

or be dismissed from their employment because of suspicion of

criminal offence or other grossly inappropriate behavior.



The first paragraph also applies to such service provider referred to in

section 2 of the second paragraph.



15 § Police Advisory Council will continuously be informed

If received and closed cases under sections 2 and 4.

Region police Council shall similarly be informed of

cases involving persons who are placed or meets

information provided by contractors in the region.



16 § it follows from § 7 a pre-trial order

(1947:948) to members of the Police Advisory Council and

region police advice in some cases, following a preliminary investigation.



section 17 of the public prosecutor may, in consultation with the police,

announce details relating to the handling of cases

for the purposes of this regulation.