Regulation (2012:565) On Surrender From Sweden According To A Nordic Arrest Warrant

Original Language Title: Förordning (2012:565) om överlämnande från Sverige enligt en nordisk arresteringsorder

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:565

General provision



Article 1 this regulation lays down provisions on the application of

Act (2011:1165) on surrender from Sweden according to a

the Nordic arrest warrant.



The terms and expressions used in this regulation has the same

meaning as in the Act.



The initial procedure



section 2 Of the Nordic arrest warrant sent to a

prosecutors are not competent to deal with the case, the

handed over to a competent prosecutor. The competent prosecutor

shall inform the issuing authority of the operation.



section 3 of the requested person shall be informed of the contents of the

the Nordic arrest warrant as soon as possible after

He or she has been recorded. At the same time, he or she should get

written information on their ability to provide such

consent referred to in Chapter 3. section 5 of the Act if (2011:1165)

the surrender from Sweden according to a Nordic arrest warrant

and on the meaning of such agreement.

Regulation (2014:264).



section 4 If the surrender is requested for an offence on

tryckfrihetsförordningens or freedom of Constitution

areas, shall consult with the Prosecutor and, where necessary, obtain

opinion from the Attorney General.



Request for enforcement in Sweden of a deprivation of liberty

penalty



§ 5 When it sought for the enforcement of a

custodial penalty is a Swedish citizen or at the time

for the Act permanently resided in Sweden for at least

two years, the Prosecutor, or on behalf of the Prosecutor, the

police officer assisting in the investigation, ask the person if

He or she requests that the penalty must be enforced in Sweden.



The requested person shall be informed of the meaning of that sentence

enforced in Sweden.



A request that the penalty must be enforced in Sweden to

be made in writing in accordance with the forms laid down by

the Prosecutor General.



section 6, If the person requests that the sanction is to be enforced

in Sweden, the Prosecutor shall immediately inform the issuing

authority if the requested person's request.



The Prosecutor shall inform the probation service if the whereabouts

request that the penalty must be enforced in Sweden.



If the right under Chapter 2. section 6 of the Act if (2011:1165)

the surrender from Sweden according to a Nordic arrest warrant

has rejected a request for surrender, the Prosecutor

immediately inform the probation service.

Regulation (2015:112).



7 repealed by Regulation (2015:112).



section 8 Has been repealed by Regulation (2015:112).



9 repealed by Regulation (2015:112).



Consent and consent



10 § consent and consent referred to in Chapter 3. paragraph 5 of the law

(2011:1165) on surrender from Sweden according to a Nordic

arrest warrant is left to the Prosecutor. Withdrawal of

consent or consent provided to the Prosecutor or

to a police officer.



Consent and consent and withdrawal of consent

or consent shall be recorded on a form provided

of the Attorney General. The form of consent and the consent shall

If possible, be written in the language normally used by

the requested person. If another language is used, it should be noted

on the plot which measures have been taken to

make sure that the requested person has understood the meaning of the

consent and that consent.



The Prosecutor shall, in conjunction with a decision on surrender

effected shall notify the issuing authority to the

transmitted has provided such consent and consent

referred to in the first subparagraph.



Request for review of a decision of the Court on arrest



section 11 of the request for review of a decision of the Court of

arrest referred to in Chapter 3. the second subparagraph of paragraph 7 the law

(2011:1165) on surrender from Sweden according to a Nordic

arrest warrant be submitted in writing in accordance with forms

determined by the Attorney General. The request is submitted to the Prosecutor

or to a police officer. If the request is submitted to a police officer shall

the police officer immediately inform the Prosecutor.



Notice when the deadlines been exceeded



section 12 of the public prosecutor shall inform the issuing authority

the question of surrender has not been settled by a

final decision within



1. thirty days from the date that the requested person has been arrested or,

When something poignant in the case has not been made, thirty days

from the time the person has been informed of the contents of

the Nordic arrest warrant, or



2. three days after the person has given consent

to surrender.



Notification of a decision in the case of surrender



13 § When the issue of rendition is decided by a

decision which has become final, the Prosecutor shall immediately inform the

The police authority and the issuing authority of the decision.

The decision means that the surrender is given, is that of

the notification shall indicate when the decision is to be enforced at the latest.



The Prosecutor shall, as soon as possible, send a copy of the decision

to the issuing authority. Regulation (2014:1187).



Enforcement of a decision on surrender and subsequent

notifications



section 14 of the Prosecutor is responsible for making a decision on surrender

are implemented in a timely manner.



The police authorities shall inform the public prosecutor when the decision has

been enforced.



The police shall immediately inform the prosecutor about

the handover has not been able to be done at the right time.



section 15, the Prosecutor shall inform the issuing authority

detentions that have taken place in Sweden on the occasion of the

a Nordic arrest warrant.



section 16 Is the enforcement of a decision on surrender

been postponed pursuant to Chapter 5. 1 paragraph 1 Act

(2011:1165) on surrender from Sweden according to a Nordic

arrest warrant for it to be submitted is serving a

involving the deprivation of liberty, to the authority responsible for

the enforcement of the sentence shall inform the Prosecutor in good time

before the release is done.



section 17 When surrender granted with such a condition if the

the repatriation referred to in Chapter 5. the third subparagraph of paragraph 1 of the law

(2011:1165) on surrender from Sweden according to a Nordic

arrest warrant, the Prosecutor shall inform the issuing

authority that the authority should contact the Prosecutor when

the repatriation can take place. If the person surrendered are returned

in order to serve a penalty involving deprivation of liberty in Sweden,

the Prosecutor shall inform the competent authority of Sweden.



section 18 the provisions of this Regulation apply, mutatis

parts in cases of enlarged surrender in accordance with Chapter 5. 7 §

Act (2011:1165) on surrender from Sweden according to a

the Nordic arrest warrant.



Repatriation to another Nordic state



19 § should someone in a case that is said in Chapter 7. section 1 of the Act

(2011:1165) on surrender from Sweden according to a Nordic

arrest warrant returned to another Nordic state,

the Prosecutor notify police authorities about when the person can

be reversed. Regulation (2014:1187).



Transitional provisions



2015:112



1. This Regulation shall enter into force on 1 april 2015.



2. Older provisions apply to cases where the transfer of

penalty enforcement initiated prior to the entry into force.