Regulation (2011:578) On Recognition And Execution Of Confiscation Orders In The European Union

Original Language Title: Förordning (2011:578) om erkännande och verkställighet av beslut om förverkande inom Europeiska unionen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:578

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.