Chapter 1. General provisions
Article 1 this regulation lays down provisions on the application
by law (2011:423) on the recognition and enforcement of decisions
If the confiscation within the European Union.
section 2 of the concepts contained in this regulation has the same
meaning as in the Act (2011:423) on the recognition and
execution of confiscation orders in the European
Union.
3 § All communications in connection with the recognition and
enforcement of a confiscation order in Sweden or in
another Member State, it shall take place between the bailiff and the
the competent authority of the other State.
If the other Member State has designated a central authority, shall
communications take place via the central authority, if not
Central Authority or competent authority may specify a
other things.
Chapter 2. The enforcement abroad of a Swedish decision
forfeiture
Transmission of a confiscation order
§ 1 a confiscation order that enforcement authority
send to another Member State for recognition and
enforcement in the State shall be accompanied by a certificate which is
drawn up in accordance with the annex to Council framework decision
2006/783/JHA on the application of the principle of mutual
recognition of confiscation orders, as amended by Council
framework decision 2009/299/JHA. Enforcement authority shall establish
certificate.
The bailiff shall translate the certificate to the other
the language of the Member State or into a language that the State has
stated that it accepts. Regulation (2013:841).
section 2 of the confiscation order and the certificate shall be sent by
mail or courier.
Enforcement authority may, however, after agreement with the
competent authority of that other Member State send over
the confiscation order and the certificate by fax, electronic
mail or otherwise.
Notifications, etc.
paragraph 3 of the enforcement authority shall immediately inform the competent
authority of that other Member State, if
1. the confiscation order has been partially carried out in Sweden
or in another State, as well as what remains to enforce the
According to the decision,
2. There is a risk that the total value of what
executed may exceed the amount specified in
the confiscation order, or
3. the confiscation order can no longer be enforced.
In the context of a notice provided pursuant to the first
paragraph 3, the Enforcement Administration revoke the request for
the execution of the confiscation order.
section 4 of the Swedish enforcement authority may make a request in the
other Member State to have part of the value of what has
forfeited, except as provided for in article 16(1) and (2) (a) of
Council framework decision 2006/783/JHA on the application of the principle of
mutual recognition to confiscation orders, if the decision on the
confiscation concerns a significant value and there are reasons for
to make such a request.
Before such a request is made, the bailiff
enlighten Government offices (Ministry of Justice).
Chapter 3. Recognition and enforcement in Sweden of a
foreign confiscation orders
Receipt of a confiscation order
§ 1 If a confiscation order has been sent to an authority
who is not competent to receive the decision pursuant to Chapter 3. paragraph 5 of the
Act (2011:423) on the recognition and enforcement of decisions
If the confiscation within the European Union, the authority
forward the decision to the Swedish enforcement authority.
Enforcement authority shall inform the other
State competent authority accordingly.
The same applies to other documents belonging to a case if the
recognition and execution of confiscation orders.
Regulation (2014:204).
Consultation
section 2 of a confiscation order concerning an act of
tryckfrihetsförordningens or freedom of Constitution
areas, the bailiff shall consult and, if necessary,
obtain the opinion of the Attorney General.
paragraph 3 of the enforcement authority shall consult with the competent
authority of that other Member State before
Enforcement authority notifies the decision to a decision
confiscation is not enforceable in Sweden. The same applies to
before the bailiff announces decision to suspend a
Declaration of enforceability pursuant to Chapter 3. 15 paragraph 1
Act (2011:423) on the recognition and enforcement of decisions on
forfeiture within the European Union.
If the bailiff has been given an opportunity to be heard
According to Chapter 3. 16 of the law on the recognition and
execution of confiscation orders in the European
the Union, the enforcement authority shall consult with the competent
authority of that other Member State. Such consultation need
However, does not take place if it is clearly unnecessary.
section 4 of the Swedish enforcement authority shall, unless it is unnecessary,
consult with the Prosecutor's Office in order to investigate if there is
reasons for deciding for deferral pursuant to Chapter 3. paragraph 13 of the first
paragraph 1 Act (2011:423) on the recognition and enforcement of
confiscation orders within the European Union.
paragraph 5 of the enforcement authority shall consult with the competent
authority of that other Member State, if it turns out that
the confiscation order has been executed in whole or in part in
any other State.
section 6, If a confiscation order relates to a payment obligation
and enforcement authority under Chapter 3. section 17 of the third
law (2011:423) on the recognition and enforcement of
confiscation orders within the European Union intends to leave
of property other than money to the other Member State,
Enforcement authority shall consult the competent authority in
the other State thereof.
Notifications
section 7 of the enforcement authority shall notify the competent
authority of that other Member State that the enforcement of
a confiscation order may not be made by custodial
or any other action that replaces a forfeiture, if the
the certificate accompanying the decision or otherwise shown
to the other authority has acknowledged such enforcement.
paragraph 8 of the enforcement authority shall notify the competent
authority of that other Member State, if
1. recognition and enforcement has been refused,
2. There is a risk that the total value of what
executed may exceed the amount specified in
the confiscation order,
3. deferral has been granted and how far the suspension is expected to
be,
4. a announced the suspension has expired,
5. The enforcement service of enforceability or
the Court's decision in the case of recognition and enforcement has
on appeal,
6. decision concerning the execution is challenged under
the enforcement provisions of the beam,
7. a declaration of enforceability has been suspended, or
8. a confiscation order has been executed, and how
accrued funds should be distributed among the States.
Regulation (2014:204).
section 9 If a confiscation order relates to the property that is the subject
for enforcement under the Act (2005:500) the recognition and
enforcement in the European Union by injunction,
should enforcement authority shall notify the Prosecutor who
has announced a declaration of enforceability under the law
as the Court has fixed the explanation.
Notification shall be given as soon as the bailiff or
the District Court has announced the decision in respect of the recognition and
enforcement under the law (2011:423) on the recognition and
execution of confiscation orders in the European
Union. Regulation (2014:204).
Other provisions
section 10 When a declaration of enforceability was given, the
the confiscation order executed promptly.
section 11 of the enforcement authority shall communicate with the own opinion
documents in the case to government offices
(The Justice Department) if
1. the second Member State has asked to be part of the value of
It forfeited, in addition to the provisions of Chapter 3. section 18
the first law (2011:423) on the recognition and
execution of confiscation orders in the European
the Union, or
2. There are grounds to recover costs for enforcement
of the confiscation order.
