Regulation (2012:566) If Surrender To Sweden According To A Nordic Arrest Warrant

Original Language Title: Förordning (2012:566) om överlämnande till Sverige enligt en nordisk arresteringsorder

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:566

General provisions



Article 1 this regulation lays down provisions for the implementation

the Convention of 15 december 2005 on the transfer between

the Nordic States due to infringement (Nordic

arrest warrant).



section 2 of The terms and expressions used in this regulation,

the same meaning as in the Act (2011:1165) communication from

Sweden according to a Nordic arrest warrant.



With the issuing authority for the purposes of this regulation the

Swedish prosecutors or authority issuing a Nordic

a warrant for his arrest.



The issue of a Nordic arrest warrant in Sweden



A Nordic arrest warrant for prosecution



paragraph 3 of the Nordic arrest warrant for prosecution in Sweden

issued by prosecutors. The Prosecutor General appoints the prosecutors

competent to issue one.



A Nordic arrest warrant may be issued for offences for which

the person is arrested or detained on probable cause

a suspect in the crime, for which it is prescribed

prison. About the Nordic arrest warrant refers to several crimes,

It is sufficient that there is a warrants or

arrest warrant for one of the crimes.



A Nordic arrest warrant issued for an offence referred to in

second subparagraph shall include also other offences which the requested person

suspected of (secondary transfer).



A Nordic arrest warrant for enforcement



section 4 of the Nordic arrest warrant for the enforcement of a

custodial penalty in Sweden are issued by

Police at the request of



– The prison system for the enforcement of prison,



– National Board for enforcement of the forensic psychiatric

care, and



– Institution of the State Board for enforcement of the end

the youth.



A Nordic arrest warrant issued for a judgment

referred to in the first subparagraph may include also other final

judgments relating to the requested person (secondary transfer).

Regulation (2014:1188).



Proportionality



5 § Nordic arrest warrant may be issued only if it is

regard to it but for the individual as well as the time and

the costs likely to be incurred in the case appears to be

justified by the nature and gravity of the offence and

other circumstances.



If the person is under the age of eighteen, a Nordic

arrest warrant may be issued only in case of serious

crime or the young have strong ties to Sweden

or there are special reasons for requesting

surrender to Sweden.



The Nordic arrest warrant design



section 6 of the Nordic arrest warrant shall be drawn up in accordance

with the form referred to in Chapter 3. paragraph 1 of the law (2011:1165) if

surrender from Sweden according to a Nordic arrest warrant.



It should be clear from the Nordic arrest warrant if it relates

even secondary rendition.



Transmission and storage



section 7 If it is known in any other Nordic

State where the requested person is staying, the Nordic

arrest warrant directly to the executing

authority of the State. About the Nordic arrest warrant

was issued by a Prosecutor, a copy of the

arrest warrant be sent to law enforcement.



If it is not known where the requested person is staying, may

The police, at the request of the issuing authority,

request that a search be registered under one or more

of the Nordic States ' national enquiry procedures.



A Nordic arrest warrant issued by a Swedish

Prosecutor or authorities may be registered in the Schengen

information system (SIS) or in another system for

After the search of the persons who are suspected of crimes.

Registration shall be carried out by the police, will also

keep the Nordic arrest warrant.

Regulation (2014:1188).



Withdrawal



section 8 when there are no more reasons to ask the person

surrendered, the Nordic arrest warrant revoked.

The Executive authority of the other State shall

be immediately notified about the recall. If a Prosecutor

revoking an arrest warrant should also Police

be immediately notified. Regulation (2014:1188).



The procedure then the person been recorded



Information at anträffande



9 § When the issuing authority is informed that the

person has been recorded, the authority shall immediately

forward the information to the police, unless

The police have already obtained the information.



If an authority other than the issuing authority may

information about the requested person has been recorded, the

authority shall immediately forward the information to the

issuing authority. Regulation (2014:1188).



Transmission



section 10 When police authority is informed that the

person has been recorded in another Nordic state,

authority, if a registration has been made under other

or, third subparagraph, immediately transmit the Nordic

the arrest warrant to the Executive authority of the

other State. Regulation (2014:1188).



Guarantee of delivery



section 11 of the issuing authority hears questions about guarantees

the Executive authority for the transmission. At

submission for prosecution is trying, however, Attorney-General questions about

guarantees relating to the conditions for the repatriation of the

person.



Transport



section 12 of the issuing authority is responsible for ensuring that the

person is brought to Sweden when the other State

has decided on the submission here. The issuing authority

shall, unless otherwise agreed, to ensure that the

person within the required time to Sweden. If the

necessary, the issuing authority may request the assistance of the

Police authority. Regulation (2014:1188).



Other questions



The transfer of enforcement of a custodial penalty



section 13 If surrender to Sweden for the prosecution has taken place

provided that the submitted will be returned to the other

Nordic state to effect a custodial

penalty imposed on the occasion of the handover, to

the Prosecutor, judgment was pronounced against the condemned

consider whether the conditions for return are met.



If the person has been handed over to reverse under the first

paragraph, the Prosecutor shall immediately inform the



-Probation, if the penalty is imprisonment,



– The National Board of health and welfare, if the penalty is forensic psychiatric care,

and



– Institution of the State Board, if the penalty is closed

the youth.



The authority referred to in the second paragraph, ensure that

the execution of the sentence is transferred to the other

Nordic state, that the person is kept there and to the other

Nordic State shall be informed. If necessary, the Agency may

request the assistance of the police. The other State

to be associated with the transfer are informed about when

the execution began, and on detention that has

taken place in Sweden. Regulation (2014:1188).



section 14 If the request for surrender to Sweden according to a

the Nordic arrest warrant for the enforcement of a

custodial sentence have been rejected on the ground that the

other State takes over the enforcement of the sentence,

should the authority referred to in paragraph 13 ensure that

the execution is transferred to the other State.

The police must notify the authority as soon as

The police have been informed of the other State

rejection. Regulation (2014:1188).



Extension of the surrender



section 15, A person who has been handed over to Sweden according to a

the Nordic arrest warrant may consent to prosecution or punishment

here for another crime that the person has committed before his surrender.

Such consent is provided to prosecutors.



Consent will be recorded on a form provided by

the Prosecutor-General. The form should, if possible, be written in the

language normally used by the surrendered. If a

different language is used, it should be noted on the document which

measures taken to ensure that the

submitted has understood the meaning of consent.



16 § If surrender to Sweden have been granted and question

on to prosecute or punish a person who has

submitted for an offence committed before

the hand-over but not covered by the Nordic

the arrest warrant, the executing State to Nordic

condition to the action collection, if there is reason to believe

to the executing State would have been able to refuse

surrender of the Act on the grounds that it completely

or in part have taken place on its territory and which are not

constitute a crime or that the executing State

decided not to prosecute for the offence.



State referred to in the first subparagraph do not need to be obtained if the

surrendered person



1. before or after the handover have consented to the operation,



2. Despite the fact that he or she has had the opportunity to make

Sweden, not done so within 45 days of his final

release, or



3. has returned to Sweden after leaving the country.

Regulation (2013:846).



section 17 of the request for authorisation referred to in section 16 shall be designed

According to section 6.



In dealing with, the following provisions of this regulation

applied:



paragraph 3 of the first subparagraph, and paragraph 4 in relation to the issuance

authorities,



section 8 of withdrawal,



section 11 on guarantees, and



13 and 14 sections on the transfer of fugitives to serve sentences.