Law (2011:1165) On Surrender From Sweden According To A Nordic Arrest Warrant

Original Language Title: Lag (2011:1165) om överlämnande från Sverige enligt en nordisk arresteringsorder

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:1165

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.