Regulation (2014:1102) With Instruction For Law Enforcement

Original Language Title: Förordning (2014:1102) med instruktion för Polismyndigheten

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:1102

Data



section 1 of the Police main tasks and responsibilities

shown by the Police Act (1984:387). The Authority's tasks and

responsibility is also reflected in police Regulation (2014:1104) and of

administrative provisions.



section 2 of the police authority shall operate under the rule of law and

uniform interventions against disturbances of public order

and security and in the investigation and prosecution of crimes.

The same applies when the police prevents criminal

activities and fulfill other duties as authority.



section 3 of the police authority shall be available to the general public.

The authority shall cooperate with the local community to be able to

meet local needs. The authority shall respond quickly to

societal changes that affect crime and

public order and security.



section 4 of the police authority should use the possibilities to

international police cooperation in the fight against crime and

contribute to the international assistance and international

peace-support operations.



paragraph 5 of the Police must have good planning with regard to

safety for more important objects. The same applies for and

at special events.



section 6 of the Police Department shall lead the activities of the

The Swedish national economic crimes Bureau, which according to the law

may only be carried out by police officers.



Information to the Government



section 7/expires U: 2016-01-01/

The police authority shall, by 31 May of each year in a

Letter to the Government to give an account of the activities of

Special investigations as in previous years has been conducted

According to the Regulation (2014:1106) on handling cases of

offences by employees in the police and certain other

executives.



section 7/entry into force: 01/01/2016

The police authority shall, by 31 March of each year in a

Letter to the Government to give an account of the activities of

Special investigations as in previous years has been conducted

According to the Regulation (2014:1106) on handling cases of

offences by employees in the police and certain other

executives. Regulation (2015:786).



section 8 of the police authority shall, by 31 March of each year in a

Letter to the Government to give an account of the activities that have

carried out in the official joint effort against the rough

and organized crime.



§ 9 the police authority shall, by 1 March of each year, inform the

Government offices (Ministry of Justice) on



1. the application of simplified border checks under

the previous year in accordance with article 8(4) of the regulation of the European Parliament

and Council Regulation (EC) No 562/2006 of 15 March 2006 on the

a Community code on the rules governing the movement of persons across borders (

Schengen borders code), and



2. the number of third-country nationals refused entry to the

Sweden and the number of third-country nationals found to

illegally staying in Sweden during the previous year in accordance with the

Article 5 of European Parliament and Council Regulation (EC) no

862/2007 of 11 July 2007 on Community statistics on the

migration and international protection and repealing

Council Regulation (EEC) No 311/76 on the compilation of statistics

on foreign workers.



section 10 of the police authority shall as soon as possible inform

Government offices (Ministry of Justice) on key issues

that arise in the business and who should get to

the Government's knowledge.



Forensic activities



section 11 Of 2 b of the Police Act (1984:387) shows that in the

The police must be a Swedish National Forensics

Centre. This is responsible for the forensic process in

authority.



Swedish National Forensics Centre to perform forensic

investigations of suspected breaches or

criminal activity and engage in other activities which are

connection with such surveys.



If the equipment and conditions otherwise permits, may also

other surveys performed (external relations).



section 12 of the Swedish National Forensics Centre to conduct forensic

research and development within their area of responsibility and collect,

process and publish the results in the field. The

forensic research activities should be guided by a

scientifically qualified research leader. Research leader

is responsible for ensuring that the activities are carried out at a high scientific

level.



paragraph 13 of the Swedish National Forensics Centre shall be responsible for

international cooperation in its field.



Coordination



section 14 of the police authority is responsible for the organisation and

coordination of activities for the tracking of traffic wounded game.



section 15 of Chapter 4. 1 and 11 of the Regulation (2003:789) for the protection

against accidents provides for coordination at

mountain rescue service and research of lost

persons.



International cooperation



section 16 of the police authorities have the information which national

point of contact or equivalent as set out in the annex to

This regulation or by administrative action or decision.



section 17 of the police authority shall participate in the work of the operational

the Committee set up by the task force on organised

crime in the Baltic Sea region (BSTF/OPC). Activities shall

be carried out in consultation with the national op-Coordinator.



section 18 of the Police is to receive and transmit

requests from individuals for access to information on

Handling of personal data by Europol pursuant to article 30 of the Council

decision 2009/371/JHA of 6 april 2009 establishing the

European Police Office (Europol).



section 19 of the police authorities shall, in accordance with article 14 of

European Parliament and Council directive 2009/52/EC of 18

June 2009 providing for minimum standards on sanctions and measures against

employers of illegally staying third-country nationals, in

the original wording,



1. identify risk sectors, and



2. compiling data on completed inspections and

by 31 May of each year, inform the Government offices

(Ministry of Justice).



section 20 of the police authority is responsible for granting,

manage and control the use of funds under the



1. European Parliament and Council Regulation (EC) No 513/2014

of 16 april 2014, as part of the Fund for

internal security, the instrument of financial support for

police cooperation, preventing and combating crime,

as well as crisis management and repealing Council decision

2007/125/JHA, and



2. European Parliament and Council Regulation (EC) no 515/2014

of 16 april 2014, as part of the Fund for

internal security, the instrument of financial support for

external borders and visas and repealing decision

574/2007/EC.



section 21 of the police authority may conclude an international

agreement on cooperation with a foreign law enforcement

authority or foreign border control authority of a State which

is a member of the European Union or that have concluded agreements

According to the Convention implementing the Schengen agreement of

14 June 1985 on cooperation with States parties. Regards

unless the agreement requires parliamentary or

Utrikesnämndens participation.



The national police includes the agreements referred to in the first subparagraph.

Before an agreement is concluded, the Government offices

(The Justice Department) informed.



Collaboration



Cooperation with other authorities and bodies



section 22 paragraph 6 of the Police Act (1984:387) provides basic

rules on Police cooperation with other

authorities and bodies.



22 section/entry into force: 01/01/2016

The police and the Prosecutor's Office, and in

where appropriate, the security police, to jointly develop

the business of investigating and prosecuting criminal offences.

Regulation (2015:786).



section 23 of the police authority shall give the public prosecutor's Office, and in

Swedish national economic crimes Bureau, where appropriate, the opportunity to comment

over Police planning for future

year of operation. The police should also consult interested

Public Prosecutor's Office in preparation for more important changes in activity

that might affect the prosecution activities.



section 24 Of the Swedish national economic crimes Bureau on a case-by-case requests it and

There are no special reasons against it, the Police

assist in the investigation of economic crime.



section 25 of the police authority to interact with the public prosecutor's Office,

Judiciary and the prison system and with other relevant

authorities in international aid and the

international peace-support operations.



Especially if co-operation with the security police



section 26 of the law enforcement agency shall cooperate with security police in

to the extent necessary for the police to

efficient.



The police and the security police shall in consultation determine

and continuing to develop modalities for interaction and

coordination between authorities.



The national police is responsible, together with the Security Police Chief

for that there are effective mechanisms for solving cooperation-

and coordination issues between authorities.



section 27 of the police authorities shall regularly inform the

The security police about circumstances that may be relevant to the

its activities.



The police authority shall immediately notify the security police

If it detects crime or criminal activities referred to in

section 3 of the Regulation (2014:1103) with instruction for

The security police. The authority shall also inform the

The security police for other crimes or phenomena in the

so far as appears from the regulations that the security police

have notified pursuant to section 29 of the Ordinance with instruction

for the security police.



section 28 Of the security police in an individual case so request and the

no special reasons against it, shall assist the Police Department

during police operations led by the security police.



The police authorities shall provide technical assistance and other help

to the extent that the security police authorities

will agree.



section 29 of the national police shall immediately notify


security police chief information of extreme importance.



section 30 of the Director of National Operations Department, in consultation

with the Deputy Security Chief of police, despite the

Division of labour that would otherwise apply to the authorities, in

a case-by-case basis, decide that an investigation or other

a similar task in the law enforcement business will

handed over to the security police for continued

handling.



Management



section 31 of the Police Department is headed by a head of Government.



32 § At the police authority, there shall be an Advisory Council which

consists of a maximum of 15 members.



The Advisory Council shall, except as provided in section 9

the Government agencies Ordinance (2007:515), inform themselves about the

the activities of the regional police boards and in particular follow the

activities carried out under the Regulation (2014:1106) if

handling cases concerning offences by employees of police

and some other executives.



Organization



33 § police authority shall have its seat in Stockholm.



34 section Of 2 b of the Police Act (1984:387) shows that in the

The police authority will be a Department responsible for

the handling of the cases of crimes of police employees,

prosecutors and judges (Department of special investigations).

Provisions on the activities available in the Regulation (2014:1106)

If the handling of the cases of offences by employees within

Police and some other executives.



The police authorities shall ensure that the activities of the Department

kept separately from other police work.



section 35 of the Police Act, section 2 (b) (1984:387) shows that in the

The police authority shall be



– a Department that, at national level, leads and coordinates certain

policing (national operational Department), and



– a Department that has a national responsibility for the Agency's

forensic activities, carry out surveys and conducts

research in this area (Swedish National Forensics

the Centre).

In addition, the police authorities shall be



– a national feature of international information

set out in paragraphs 16 to 19;



– an FIU,



– personal security devices set out in section 6 of the regulation

(2006:519) if the particular person safety work,



– a national task force with the main task to combat

terrorist actions in the country, and



-a function for coordination of Advisory Council and

region police councils.



36 § police authority should be divided into police regions.



§ 37 police authorities should have a strength for service

abroad in peacekeeping operations (Police

overseas strength).



38 § otherwise determines the Agency's management

Police Organization.



Special bodies



Region police advice



39 section in each police region, a region police advice

consisting of not more than 15 members. The Chief of police region

shall be the President of the Council and to keep the Council informed about

the business.



40 § Region police Council shall exercise the transparency of the police in

the region and to give the head of the police region Council.



Region police Council shall in particular monitor the activities

are conducted in accordance with the Regulation (2014:1106) on the processing of

cases concerning offences by employees in the police and certain other

Executive compensation and related to the region.



The ethical Council



section 41 By the police authority, there should be an ethical advice

on the National Police Chief's request, assist the police authorities in

questions that require special ethical considerations. The Council shall

consist of not more than seven members.



Committee for the preparation of the employment cases



42 § At the police authority, there shall be a Board of

preparation of employment matters.



The Board shall prepare and give the national police advice in terms of who

to be appointed as the head of a region or Department.

The Board is also on the National Police Chief's request, give advice in other

employment matters.



43 § Board shall consist of a Chairman and not more than eight other

members.



The Board is a quorum when the Chairperson and at least six other

Members are present.



Positions and assignments



44 § the national police is the head of Government.



At the Police Department, there shall be a Director of the National

Operations Department, who is also the Deputy

the head of Government, and head of the Department for specific

investigations. Employment of these are decided by the Government.



paragraph 45, a worker at the Police Department, but especially

decision on leave from his employment during the time that he or

She has a temporary employment to the security police.



46 § Government orders for a certain time



1. the members in the region police advice,



2. the Chairman and other members of the ethical Council,



3. the Chairman and other members of the Committee for the preparation of

employment matters, and



4. the members of the staff disciplinary board to be appointed

in particular.



47 §/expires U: 2016-01-01/

By section 7 of the Ordinance (2007:972) with instruction for

The Swedish national economic crimes Bureau shows that the police authority is required

to ask the officers to the police

conducted at the Swedish national economic crimes Bureau.



47 section/entry into force: 01/01/2016

The police authority is obliged to ask the officers to

the disposal of the police operations conducted at

The Swedish national economic crimes Bureau. Regulation (2015:786).



section 48 of the Regulation (1999:1155) if Police force abroad

provides for conditions for the serving at

overseas strength.



Staff disciplinary board



49 section At the police authority, there shall be a

staff disciplinary board. Board hears matters referred to in section 25

first subparagraph, the Government agencies Ordinance (2007:515)

employees at the Agency, unless otherwise stated. Board

even after hearing the appeal, questions of discipline penalty against

or suspension or expulsion of students at

the police program.



The Board consists of the national police, which is Chairman,

staff representatives, three representatives of the authority that

the national police boss and two by the Government especially

appointed members. Alternates may be designated for the representatives

for the Police Department.



The national police decide who shall be the Deputy Chairman of the

Board.



50 § in cases of disciplinary responsibility, suspension,

resignation or dismissal, the President determines if a

proceedings before the Board shall be initiated. The President may

cancelling a case if it is obvious that the matter should not be

lead to some action from the Board page.



The Board has decided to suspend any work or

education and it is because of the changed circumstances

clear that the decision no longer should apply, the President may

alone to decide on the issue.



Decision of the Chairman shall be reported at the next

meeting of the Board.



paragraph 51, the Board is a quorum when the President and at least four

other members are present.



When cases that are of a policy nature or of other major

weight is handled should at least seven members being present.



Applicability of certain regulations



52 § police authorities shall apply the

the staff representatives Ordinance (1987:1101) and

internal audit regulation (2006:1228).



Fees



section 53/expires U: 2016-01-01/

Forensic examination carried out at the request of the

The security police, prosecutors or the Court is

free-of-charge. Fee shall be paid for a survey

requested by a court in a case where only plaintiff

for the action.



The police may charge a fee for a forensic

survey carried out at the request of someone other than a

authority or court referred to in the first subparagraph and

other surveys. The police authorities may adopt

the amount and outlining the fee revenue.



53 section/entry into force: 01/01/2016

A forensic examination carried out at the request of the

The Security Police, The Coast Guard, The Swedish Tax Agency, The Customs Service,

prosecutors or court is free of charge. Fee shall be

paid for a survey requested by a Court of

in a case where only plaintiff in the action.



The police may charge a fee for a forensic

survey carried out at the request of someone other than a

authority or court referred to in the first subparagraph and

other surveys. The police authorities may adopt

the amount and outlining the fee revenue.

Regulation (2015:786).



§ 54 police authorities may levy a fee for entry to the

Museum operated by the authority. Fee may not be charged

for visitors who are under the age of 19. Police authorities may decide

If the amount of the fee and outlining the fee revenue.



The right to provide, etc.



55 § police authorities may provide for such

Police activity at the Swedish national economic crimes Bureau.



56 § police authorities shall decide on the provisions of the

essential to the activities of the security service,

The Prosecutor's Office, the Swedish national economic crimes Bureau, the Customs and Excise Department or

The coast guard, in consultation with the relevant authority.



Before the police authority decides on regulations in other

cases referred to in the first subparagraph and that relates to someone else

authority, the Police, unless otherwise

prescribed, give the authority the opportunity to comment.



57 § police authority shall, by such general advice provided

in article 1 of the Constitutional Assembly Ordinance (1976:725) and

statements promoting the legality and coherence at

the application of the law within its area of responsibility.



Exemptions from government regulation



section 58 the following cases of the police authority should

the provisions of §§ 20 and 21 government regulation

(2007:515) concerning presentation and about the Authority's decision not to

applied:



1. preliminary investigation in criminal matters,



2. activities to prevent, prevent or detect

criminal activities,




3. management of other police operations in an individual case, and



4. forensic activities.



59 § provision of section 29 the Government agencies Ordinance (2007:515) if

case list shall not apply in respect of the matters

exempted in section 58.



Annex/expires U: 2016-01-01-the police authority shall maintain the function to be



1. the national unit for the international

criminal police organisation Interpol and the European

Police Office (Europol),



2. the central office when it comes to counterfeiting currency

provided for in the International Convention for the Suppression

of counterfeiting currency of 20 april 1929 (SUN 2001:6),



3. the national contact point



(a)) under the United Nations resolution 55/255, adopted on

31 May 2001 by the general Assembly, additional Protocol against

illicit manufacturing of and trafficking in firearms, their

parts and components and ammunition, supplementing the United Nations

Convention against transnational organized crime,



b) for sending and receiving the information referred to in

Article 7 of the United Nations Convention on 13 april 2005

for the Suppression of nuclear terrorism, and



c) to receive and respond to requests for help

According to article 8 bis 4 of the United Nations Convention on

10 March 1988 for the Suppression of unlawful acts against the safety of maritime

with its Protocol on 14 October 2005,



4. a) national contact point for the Schengen information system

(SIS) by the SIRENE Bureau and head of the national

part of the SIS in accordance with European Parliament and Council regulation

(EC) No 1987/2006 of 20 december 2006 and Council decision

2007/533/JHA of 12 June 2007 on the establishment, operation and

use of the second generation Schengen

information system (SIS II);



b) contact point for petitions in cases of urgency referred to in

Council decision 2006/960/JHA of 18 december 2006 on

simplifying the exchange of information and intelligence between the

law enforcement authorities in the European Union

Member States,



c) National Office for recovery of assets under

Council decision 2007/845/JHA of 6 december 2007 concerning

cooperation between Member States ' offices for recycling

assets when it comes to tracking and identifying proceeds

or other property,



d) national contact point of the European Agency for the

the management of operational cooperation at the

the external borders (Frontex), the European Parliament

and Council Regulation (EC) no 1168/2011 of 25 October

amending Council Regulation (EC) No 2007/2004

the establishment of a European Agency for the management of

operational cooperation at the

external borders,



e) national contact point for CEPOL in accordance with article 14 of

Council decision 2005/681/JHA of 20 september 2005 on

the establishment of the European Police College (CEPOL) and if

repealing Decision 2000/820/JHA,



f) national contact point for communication of information

pursuant to Council decision 2008/615/JHA of 23 June 2008 on the

stepping up of cross-border cooperation, particularly in

combating terrorism and cross-border crime

(Prümrådsbeslutet), but when it comes to auto

answer requests for road traffic register from foreign

contact points,



g) central access point as referred to in article 3(3) of Council decision

2008/633/JHA of 23 June 2008 concerning access for

the visa information system (VIS) for consultation for the

Member States ' designated authorities and by Europol for the purposes

the prevention, detection and investigation of terrorist offences and other

serious crimes,



h) central authority at the exchange of information extracted from

criminal records referred to in Council framework decision 2009/315/JHA of

26 February 2009 on the organisation of Member States '

Exchange of information extracted from the criminal record and the

content,



in) national contact point for communication of information

pursuant to European Parliament and Council Directive 82/EU of

25 October 2011 on the facilitation of a

cross-border information exchange on

offence (CBE), except when

to automatically respond to inquiries to

road traffic register from foreign points of contact,



j) operating national contact point of the European Parliament

and Council Directive 2013/40/EU of 12 August 2010 on the

attacks against information systems and replacing Council

framework decision 2005/222/JHA,



k) National Coordination Centre for Exchange of information and

cooperation under European Parliament and Council regulation

(EU) no 1052/2013 of 22 October 2013 establishing a

European border surveillance system (Eurosur), and



l) control authority according to article 6 of

and Council Regulation (EC) no 603/2013 of 26 June

the establishment of ' Eurodac ' for the comparison of fingerprints for the

effective application of the Regulation (EU) no 604/2013

the criteria and mechanisms for determining the Member State

responsible for examining an application for international

protection as a third country national or a stateless person

submitted in any Member State and when

Member States ' law enforcement authorities request

for comparison with Eurodac data by law enforcement

purposes, as well as amending Regulation (EU) no 1077/2011 on

establishing a European Agency for the operational

management of large-scale it systems in the area of freedom,

Security and justice (recast). Regulation (2015:279).



Annex/entry into force: 01/01/2016



The police authority shall maintain the function to be



1. the national unit for the international

criminal police organisation Interpol and the European

Police Office (Europol),



2. the central office when it comes to counterfeiting currency

provided for in the International Convention for the Suppression

of counterfeiting currency of 20 april 1929 (SUN 2001:6),



3. the national contact point



(a)) under the United Nations resolution 55/255, adopted on

31 May 2001 by the general Assembly, additional Protocol against

illicit manufacturing of and trafficking in firearms, their

parts and components and ammunition, supplementing the United Nations

Convention against transnational organized crime,



b) for sending and receiving the information referred to in

Article 7 of the United Nations Convention on 13 april 2005

for the Suppression of nuclear terrorism, and



c) to receive and respond to requests for help

According to article 8 bis 4 of the United Nations Convention on

10 March 1988 for the Suppression of unlawful acts against the safety of maritime

with its Protocol on 14 October 2005,



4. a) national contact point for the Schengen information system

(SIS) by the SIRENE Bureau and head of the national

part of the SIS in accordance with European Parliament and Council regulation

(EC) No 1987/2006 of 20 december 2006 and Council decision

2007/533/JHA of 12 June 2007 on the establishment, operation and

use of the second generation Schengen

information system (SIS II);



b) contact point for petitions in cases of urgency referred to in

Council decision 2006/960/JHA of 18 december 2006 on

simplifying the exchange of information and intelligence between the

law enforcement authorities in the European Union

Member States,



c) National Office for recovery of assets under

Council decision 2007/845/JHA of 6 december 2007 concerning

cooperation between Member States ' offices for recycling

assets when it comes to tracking and identifying proceeds

or other property,



d) national contact point of the European Agency for the

the management of operational cooperation at the

the external borders (Frontex), the European Parliament

and Council Regulation (EC) no 1168/2011 of 25 October

amending Council Regulation (EC) No 2007/2004

the establishment of a European Agency for the management of

operational cooperation at the

external borders,



e) national contact point for CEPOL in accordance with article 14 of

Council decision 2005/681/JHA of 20 september 2005 on

the establishment of the European Police College (CEPOL) and if

repealing Decision 2000/820/JHA,



f) national contact point for communication of information

pursuant to Council decision 2008/615/JHA of 23 June 2008 on the

stepping up of cross-border cooperation, particularly in

combating terrorism and cross-border crime

(Prümrådsbeslutet), but when it comes to auto

answer requests for road traffic register from foreign

contact points,



g) central access point as referred to in article 3(3) of Council decision

2008/633/JHA of 23 June 2008 concerning access for

the visa information system (VIS) for consultation for the

Member States ' designated authorities and by Europol for the purposes

the prevention, detection and investigation of terrorist offences and other

serious crimes,



h) central authority at the exchange of information extracted from

criminal records referred to in Council framework decision 2009/315/JHA of

26 February 2009 on the organisation of Member States '

Exchange of information extracted from the criminal record and the

content,



in) national contact point for communication of information

According to European Parliament and Council Directive (EU) 2015/413

of 11 March 2015 on facilitation of cross-border

Exchange of information on road safety offences

(CBE), in the original wording, except when the

to automatically respond to inquiries to

road traffic register from foreign points of contact,



j) operating national contact point of the European Parliament

and Council Directive 2013/40/EU of 12 August 2010 on the

attacks against information systems and replacing Council


framework decision 2005/222/JHA,



k) National Coordination Centre for Exchange of information and

cooperation under European Parliament and Council regulation

(EU) no 1052/2013 of 22 October 2013 establishing a

European border surveillance system (Eurosur), and



l) control authority according to article 6 of

and Council Regulation (EC) no 603/2013 of 26 June

the establishment of ' Eurodac ' for the comparison of fingerprints for the

effective application of the Regulation (EU) no 604/2013

the criteria and mechanisms for determining the Member State

responsible for examining an application for international

protection as a third country national or a stateless person

submitted in any Member State and when

Member States ' law enforcement authorities request

for comparison with Eurodac data by law enforcement

purposes, as well as amending Regulation (EU) no 1077/2011 on

establishing a European Agency for the operational

management of large-scale it systems in the area of freedom,

Security and justice (recast). Regulation (2015:786).