Chapter 1. General provisions
section 1 of this Act contains provisions for the implementation of
the Convention of 15 december 2005 on the surrender procedure between the
Nordic States due to infringement (Nordic
arrest warrant).
section 2 With a Nordic arrest warrant means a legally
decision issued by a judicial authority in a Nordic state,
which means that a judicial authority of another
Nordic state to arrest and hand over of a requested person, for the
prosecution or for execution of a custodial
penalty.
section 3 As a Nordic arrest warrant be considered, if the
He resides in Sweden, even an arrest warrant
that is done by another Nordic state, either under
Council framework decision 2002/584/JHA of 13 June 2002 on the
European arrest warrant and the surrender procedures between
Member States, or by the agreement of 28 June 2006
between the European Union and the Republic of Iceland and
The Kingdom of Norway on the surrender procedure between the
The Member States of the European Union and Iceland and Norway.
4 § the Government Announces detailed rules on the application
of this law.
In the case of surrender to Sweden there are special
provisions.
Chapter 2. Conditions for surrender
section 1 of The sought according to a Nordic arrest warrant must,
If the person is present in Sweden, and nothing more is said in this
law or arise out of any other law, shall be submitted to the
issuing State.
2 § Surrender may be granted only for an offence for which
According to the law of the issuing State is required
a custodial penalty or for which it has been imposed
such a penalty.
About the Nordic arrest warrant alleges several offences, it is
enough that there are conditions for surrender
under the first paragraph of one of them.
paragraph 3 of the Surrender shall not be granted if a Nordic
arrest warrant, despite the fact that the issuing authority has
been given an opportunity to submit, to the form or
content is so flawed that it is not without significant
inconvenience may be the basis for a review of the issue of
surrender.
section 4 of the Submission may not be granted if the
1. it would be contrary to the European Convention for the protection
of human rights and fundamental freedoms
or the additional protocol to the Convention the force of law
in this country,
2. it would be contrary to the provisions on privileges and
privileges,
3. According to Chapter 2. the second subparagraph of paragraph 8 of the Penal Code would
contrary to a condition that has been set for the extradition or
surrender to Sweden, or
4. a requested person according to Chapter 4. section 6 or 7 shall be submitted
or extradited to another State or to a tribunal or
International Court.
§ 5 Delivery for some offence shall not be granted if the
1. the offence has been committed before the person attained the age of fifteen years,
2. the offence covered by grace or other decision under Chapter 12.
Article 9 of the Constitution Act,
3. the Act has been tried by a final judgment in a Nordic
State or in a Member State of the European Union and, at the
conviction, the sentence has been served or is under
enforcement or may no longer be executed under the
the laws of the jurisdictions of the country,
4. the Act has been tried by a final judgment in a different
State than specified in 3 and this according to section 10 of the third, or
fourth subparagraph, Act (1957:668) on extradition for the crime had
constituted an obstacle to the extradition of the person,
5. According to Chapter 20. section 7 of the code of judicial procedure or equivalent
provision of other teams have announced decision not to prosecute for
the deed,
6. the preliminary investigation has been initiated, or prosecutions brought in Sweden for
crime and investigating the leader or, when the prosecution has
brought, Supervisory prosecutors in the case against
the prosecution takes place in the issuing State, or
7. the act as a whole have taken place in Sweden and not
correspond to the crime under Swedish law.
paragraph 6 When it sought for the enforcement of a
custodial penalty is a Swedish citizen, surrender
not be granted where the person requesting that the penalty shall
enforced in Sweden.
If the person at the time of the Act for at least two years
permanently resided in the issuing State, the
the first subparagraph only if, having regard to the whereabouts
personal circumstances or for any other reason, see
specific reasons that enforcement takes place in Sweden.
If the person is a foreign national, and at the time of
the Act for at least two years has resided permanently in
Sweden, the surrender shall be refused if the requested person
makes a request referred to in the first subparagraph and
account of the whereabouts of personal circumstances or by
any other reason, there are special reasons for
enforcement takes place in Sweden.
Chapter 3. The initial procedure
Request for surrender
§ 1 a Nordic arrest warrant must be prepared in accordance
with the form in the annex to the Convention. It should be
written in Swedish, Danish, Norwegian, or English, or be
accompanied by a translation into one of these languages and
include information on
1. the requested person's identity and nationality,
2. name, address, telephone number, facsimile number and e-mail address
to the issuing authority,
3. an enforceable judgment, an arrest-warrants or decisions
or an equivalent enforceable decisions for at least a
of the offences covered by the Nordic arrest warrant,
4. the criminal offence, stating the time and place of the
This, a description of the circumstances surrounding the offence and the
the whereabouts of complicity in it,
5. legal classification of the offence;
6. the punishment scale for the deed or, if the Nordic
arrest warrant relating to the enforcement of a custodial
penalty, the penalty has been imposed, and
7. If possible, other consequences of the offence.
section 2 of the Nordic arrest warrant may be sent directly to the
the competent prosecutor of the place where the person resides.
A Nordic arrest warrant may be transmitted through the Schengen
information system (SIS) or through another system for
After the search of persons suspected of crimes.
A search warrant which is registered in the SIS or in another
system for the search of persons and concerning surrender
to a Nordic State should be treated as a Nordic
arrest warrant pending the adoption of such an order is transmitted.
The investigation
section 3 Of the Nordic arrest warrant was sent directly to the
the Prosecutor or otherwise known to the person is
at a certain place in Sweden, the Prosecutor shall promptly investigate
If there are conditions for surrender from Sweden. The
time limit of the District Court pursuant to Chapter 4. paragraph 3 of the other
subparagraph shall be taken into account. When the requested surrendered for
the prosecution is under eighteen years of age, it should be investigated whether the prosecution can
take place in Sweden.
At the inquiry applied the provisions concerning pre-trial investigation in
criminal matters, subject to the provisions of this law.
Public Defender
4 section A public defender will be appointed if the person
request it, are under the age of eighteen, or otherwise deemed in need
by a lawyer.
Consent and consent
§ 5 the requested person shall, as soon as it can be asked whether he
or she consents to surrender, and if he or she
admits that in the issuing State be liable to be tried or punished for
offences committed before his surrender but not
covered by the Nordic arrest warrant. The requested person shall
be informed about the meaning of consent and consent.
A withdrawal of consent shall be taken into account if it is done before
decision in the case of surrender has been granted. A revocation
of a consent should be considered if it is made before the decision on the
delivery has been effected.
Coercive measures
section 6, the Prosecutor shall request the person unless it is missing
risk that he deviates or otherwise evading
a surrender. An arrest must also take place if there is a risk
to the person, by removing evidence or on
any way, hinder the investigation of acts
covered by the Nordic arrest warrant.
An arrest pursuant to the first subparagraph shall not take place if it can
It is assumed that the conditions for a surrender are missing.
The who has not reached the age of eighteen years may be arrested only if the
There are serious reasons.
If there is any reason for the arrest, according to the first to third subparagraphs
but it is sufficient that the person notified a
travel bans or to provide for a notification requirement,
should such action be adopted instead of arrest. In case
referred to in Chapter 24. section 4 of the code of judicial procedure, monitoring
replace an arrest.
If there is any reason for the arrest, according to the first to third subparagraphs
may a police officer or an officer of the Customs and Excise Department or
The coast guard in an emergency, even without a
the decision to arrest warrants, the requested person.
7 § When someone has been detained, arrested, issued travel bans
or the obligation to apply the same rules as for
corresponding action during a Swedish preliminary investigation. For such
coercive measures, however, the conditions set out in section 6.
If the person has consented to surrender,
the detention request shall be made only if the person requesting
the Court by a decision of arrest. The time within
the detention request shall be made in accordance with Chapter 24. section 12
the code of judicial procedure shall be counted from the time the person requesting
the Court or withdraw their consent for the
surrender.
For the decision of the Court regarding the conditions of detention
According to section 6 applies to the arrest. What is said in
the code of judicial procedure concerning the time for instituting prosecutions should not
applied.
A decision on arrest or detention to be revoked, if a
continued detention would be unfair having regard to
the duration of the deprivation of liberty has been ongoing and the penalty is
been imposed or that may be where the requested person
is convicted of the offence.
section 8 Contains a Nordic arrest warrant an application for
the seizure, apply in the area Act (2000:562) on
international legal assistance in criminal matters.
If it is found such items as a result of the reported
the Act could be seized and handed over according to 4
Cape. section 19 of the Act on international legal assistance in criminal matters,
gets the objects even in the absence of a specific application are seized by
decisions of the Prosecutor or the person who grabs the requested person.
In connection with the detention of the requested person,
the search warrant made to search for items that may be taken into
the seizure. Writ of search warrants issued by the Prosecutor. If
There is danger in delay, a police officer or official of the
Customs Service or coast guard make a search even without
such appointment.
Chapter 4. The decision-making process
Determining authority
§ 1 the District Court decides after the production of the Prosecutor in
question about surrender.
The Prosecutor must, before he or she has requested the Court,
make decisions regarding the surrender of the requested person has
consented to surrender. In addition, the Prosecutor may refuse a
the Nordic arrest warrant pursuant to Chapter 2. section 3.
As regards the District Court's jurisdiction applied 19 Cape.
the code of judicial procedure.
Court
paragraph 2 of the rules of procedure applied by the Court
proceedings in criminal matters, subject to the provisions of this law.
The processing will be done as a matter of urgency.
The District Court shall order the examination of the question of submission hold
negotiation. A hearing need not be held if it is
clear that surrender shall not be granted if the requested person
requests that the matter must be dealt with on the documents or whether he
or she, after the Prosecutor has made a petition
to the right under section 1, has agreed to surrender.
At the hearing, the Prosecutor and the person called. Is
the person arrested or detained, he or she
can be changed.
Time limits for decisions, etc.
section 3 of the requested person Consents to his surrender, the decision in
terms of surrender will be notified within three days of the
consent has been provided.
In other cases, the District Court issue a decision in the case of
surrender last fourteen days after the requested person
has been arrested or, when something poignant in the matter has not been,
last fourteen days after the person has
informed of the contents of the Nordic arrest warrant.
If there are special reasons, the decision may be announced later than what
as stated in the first or second paragraph. The decision shall then be notified
as soon as possible.
4 § when the right decide on surrender, it shall also
examine whether decisions on coercive measures shall apply until
the handover has taken place.
Decisions on coercive measures could be announced even after a decision to
the requested person shall be surrendered.
paragraph 5 of the Law should, if possible, in the context of the decision in question if the
surrender, take a decision concerning the handing over of objects
that has been seized under Chapter 3. section 8 of the first paragraph.
Decision concerning the handing over of objects that have been in
the seizure as referred to in Chapter 3. the second subparagraph of paragraph 8 shall always be taken in
connection with the decision on surrender. The decision may
be subject to conditions that are necessary in the light of the individual's
right or needed from the public point of view.
Competing requests
6 § If two or several Nordic States have issued a Nordic
arrest warrant or one or more of these States have
issued a Nordic arrest warrant as well as one or more
Member States of the European Union have issued a European
arrest warrant for the same person, the cases are heard
in a context in the District Court under section has
competence to deal with it first received the case.
Received a new Nordic or European arrest warrant after
the Court decided on the handover but before the decision has
become final, the Court of appeal or, in the case under appeal
There, the Supreme Court at the request of the public prosecutor may decide to
the District Court shall hear cases in context.
Examining which of several arrest warrants to be
is granted shall be made with special reference to gärningarnas
nature and the place in which they occurred, the times
the respective arrest warrants were issued and if they intend to
prosecution or enforcement of a custodial penalty.
section 7 if it is in respect of the requested person is going on a case
extradition for the crime, or if delivery according to the law
(2002:329) on cooperation with the International Criminal Court
to the examination of the question of surrender under this law suit
to its decision in the second case.
Costs of public defender
section 8 Costs for a public defender should stay on
State, unless there are special reasons for them to
be reimbursed by the person.
Appeal
§ 9 the person Has consented to surrender, the decision may
If handover is not subject to appeal. A decision not to grant
surrender in cases referred to in Chapter 2. section 6 may not be appealed.
For the Court to examine the decision of the District Court is required
leave to appeal, the decision means the case will be determined
nor is such a decision which may be appealed only in
the context of an appeal against a final decision.
An appeal against the District Court's decision means the case
determined or such decision may be appealed only in conjunction
with an appeal against a final decision shall be submitted to the
the District Court within one week from the date of the decision.
An appeal against a decision by the Court of appeal announced as referred to
in the third paragraph, have been received by the Court within a week
from the date of the decision.
Chapter 5. Enforcement of the decision on surrender and
subsequent decisions
Enforcement
§ 1 a decision on surrender shall be effected within five days
from the date on which the decision became final. If it is not
possible to surrender the requested person within this period, the
the Prosecutor may order that enforcement should be made within an additional
five days.
The Prosecutor may determine that execution should occur at a certain
later date if
1. the need for it to be handed over to be tried
in Sweden for another crime for which it is prescribed
imprisonment for two years or more or, if they already have fallen, this
serving a custodial sentence as determined for another
deed than the decision on surrender relates,
2. circumstances beyond the States concerned
control prevents a surrender, or
3. There are strong humanitarian grounds.
Instead of postponing the execution in the cases referred to
in the second subparagraph of paragraph 1, a submission be subject to conditions if the
repatriation. The conditions laid down by the Prosecutor by consensus
with the issuing authority.
section 2 of The to be handed over and which has been subjected to coercive measures
of the right to request a hearing for review of
issue coercive measures. Such a hearing shall be held in
the District Court within three weeks from the decision in question
last notification.
§ 3 If the referred makes a declaration that he
or she waives appeal and admit that the decision on the
surrender may be executed, shall be enforced even if
the decision has become final. In the case of such
explanation apply 4 and 6 to 8 of the Act (1974:202) concerning the calculation
of penalty time etc.
paragraph 4 of the decision on surrender are enforced by police. If
It is to be submitted is on the loose, he may, if it
is necessary to handover can be implemented,
disposed and detained by Police, but no
in forty-eight hours. Law (2014:644).
§ 5 if it is to be submitted is in custody and
the execution does not take place within the period permitted by section 1 of the
the first paragraph or, where a decision taken pursuant to paragraph 1 of the
second subparagraph, within five days from the date,
the requested person shall immediately be released. The same
true if the issuing authority to cancel the Nordic
the arrest warrant.
section 6 of The Court which has issued a final decision on the
surrender shall, at the request of the Prosecutor, set aside the decision on the
1. the decision, for reasons other than that to be submitted
absconds, has not been enforced within ten days from the
time resulting from paragraph 1 of the first or second subparagraph, or
2. the issuing authority to cancel the arrest warrant.
Has the decision on surrender issued by the Prosecutor, he shall
or she set aside the decision as referred to in the first
paragraph.
Permission for extension of the surrender
paragraph 7 of the communication has taken place according to a Nordic
arrest warrant and a judicial authority of the issuing
the State makes a request to the Prosecutor for authorization to
prosecute or punish the surrendered also for
deeds that were not covered by the Nordic
the arrest warrant, the Prosecutor should consider whether a surrender
could be granted having regard to Chapter 2. 5 § 5 and 7. If
any of these rules had prevented a surrender,
permission is not granted.
Condition to the further surrender and re-extradition
§ 8 The submitted from Sweden according to a Nordic
arrest warrant may, without the permission vidareöverlämnas to a
other Nordic state.
A request for a right of a Member State of the European
Union vidareöverlämna that previously have been transmitted from
Sweden according to a review by the Nordic arrest warrant
the District Court pursuant to Chapter 6. section 8 of the Act (2003:1156) on
the surrender from Sweden according to the European
arrest warrant.
A petition for the right to a State outside the Nordic region or
European Union vidareutlämna the previously
submitted by Sweden in accordance with the Nordic arrest warrant
be reviewed by the Government pursuant to section 24 of the Act (1957:668)
If extradition for a criminal offence.
Chapter 6. The transfer of enforcement of a custodial
penalty to Sweden
§ 1 Of law pursuant to Chapter 2. 6 § refused a request for
surrender, the Swedish prison and probation service may decide on the transfer of
the execution of the sentence, unless the issuing
the State opposes the law (2015:103).
section 2 Of the penalty to be enforced in Sweden are covered by the
section 5 of the Act (1963:193) on cooperation with Denmark, Finland,
Iceland and Norway regarding the enforcement of punishments, etc.
apply 5 a-5 c, 6, 7, 22, 23, 27, 29, 31, 34 and 35 of the
the law. For the purposes of paragraph 5 (a) the law does not require any
request from the competent authority of the other State to
coercive measures should be used. Law (2015:103).
section 3 Of the penalty to be enforced in Sweden do not
subject to paragraph 5 of the law (1963:193) on cooperation with Denmark,
Finland, Iceland and Norway concerning the enforcement of a sentence
accommodation applied 3 and Chapter 4. Act (2015:96) the recognition and
enforcement of custodial penalties in the European
the Union, with the exception of Chapter 3. 1-11 and 23 sections and Chapter 4.
section 6. For the purposes of Chapter 3. section 15 of the Act does not require any
request from the competent authority of the other State to
coercive measures should be used. Law (2015:103).
4 repealed by law (2015:103).
section 5 was repealed by law (2015:103).
section 6 of the repealed law (2015:103).
Chapter 7. Other provisions
Reintegration of persons who have been handed over to Sweden
section 1 Has been handing over to Sweden for the prosecution here, on
condition that the forwarded later returned to the other
the State Police shall ensure that the
surrendered are returned.
If the reapplication is on the loose, he or she receives, whether
It is necessary that the repatriation should be carried out,
disposed and detained by Police, but no
in forty-eight hours. Law (2014:644).
Transport by Sweden
section 2 of The transmitted from one Nordic country to another
Nordic State may without authorization are transported through Sweden.
The forwarded may, if necessary to
transport shall be carried out, disposed of or put into
the custody of the Police, but not under forty-eight
hours. Law (2014:644).
Transitional provisions
2011:1165
1. this law shall enter into force on the day the Government determines. By
law repeals Act (1959:254) on extradition for offences to
Denmark, Finland, Iceland and Norway.
2. the Act shall not apply in dealing with a case concerning the
disclosure under the Act (1959:254) on extradition for offences to
Denmark, Finland, Iceland and Norway or a case
surrender to Denmark or Finland according to the law
(2003:1156) on surrender from Sweden according to the European
arrest warrant, if the matter were initiated before the entry into force.
3. Has anybody been extradited or surrendered from Sweden to
Denmark, Finland, Iceland or Norway and requested permission to
an action referred to in Chapter 5. § 7 or 8, they shall
the provisions apply. A request under Chapter 5. § 8 other
subparagraph shall be examined by the Stockholm District Court.
4. To its agreement of 28 June 2006 between the European
Union and the Republic of Iceland and the Kingdom of Norway on the
surrender procedure between the European Union
Member States and Iceland and Norway enters into force be applied 5
Cape. section 8, third subparagraph, in the case of further transmission to a
Member State of the European Union of a person who has previously
been extradited or surrendered from Sweden to Iceland or
Norway.
2015:103
1. this law 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.