Chapter 1. General provisions
section 1 of this Act contains provisions for the implementation of
Council framework decision 2006/783/JHA on the application of the principle of
mutual recognition to confiscation orders, as amended by:
Council framework decision 2009/299/JHA. Law (2014:845).
Definition of a Swedish confiscation orders
section 2 With a Swedish decision on confiscation as referred to in this law
one of the Swedish court announced the final decision on
forfeiture
1. as concerns the replacement of a crime, or what any received
as compensation for costs incurred in connection with a criminal offence, or
the value of the received, or
2. relating to property used or intended to
be used as a tool for crime, which have been brought forward do by
crimes, whose use constitutes a crime, that someone else has taken
position with in a way that constitutes a crime or otherwise
been subject to crime.
With a Swedish confiscation orders should also include one of the
a Swedish court announced final decisions
with the support of 36. 1 (b) or section 4 of the Penal Code.
Law (2014:203).
Definition of a foreign confiscation orders
section 3 with a foreign confiscation orders referred to in this law
a penalty or a measure pursuant to a decision which has become final,
pronounced by a court in another Member State in
The European Union after the trial because of criminal
and that means a final deprivation of property
When the Court declared that the property
1. constituted the proceeds of a crime or equivalent as completely
or partial amounts to the value of such proceeds,
2. provided the means for a crime,
3. have been forfeited as a result of the application of article 3 (1)
and 3.2 for extended powers of confiscation of Council
framework decision 2005/212/JHA on confiscation of crime-related proceeds, instrumentalities
and property, or
4. has been forfeited by virtue of other provisions on enhanced
powers of confiscation other than those specified in 3.
This law shall not apply to the foreign decision on
forfeiture which means the restoration of property to
the rightful owner. Law (2014:203).
Regulations on the enforcement of this law
section 4 of the Government or the authority the Government determines
Announces rules on the enforcement of this Act.
Chapter 2. The enforcement abroad of a Swedish decision
forfeiture
Transmission of a confiscation order
section 1 of the enforcement authority hearing if a confiscation order
should be sent to another Member State of the European Union
for recognition and enforcement in the State. A decision on the
confiscation may be sent if the transmission is consistent with
the framework decision and it is likely to bring advantages for enforcement
of the decision.
A confiscation order may be transmitted over several
Member States at the same time.
section 2 of the enforcement authority shall send the decision on the
forfeiture to a competent authority or a central authority
in the other Member State.
Other measures and conversion
§ 3 When a confiscation order transmitted over for enforcement
to another Member State, the enforcement authority is not
allow the enforcement in that State is done by
deprivation of liberty or another measure that replaces
the forfeiture.
The confiscation order relates to certain property,
Enforcement authority nor does it allow execution
Instead, it is done through payment or enforcement relating to
the value of the property.
Enforcement in Sweden
4 § Although a confiscation order has been sent over to
enforcement of one or more Member States,
enforcement shall take place in Sweden.
Enforcement in several States
§ 5 If a confiscation order concerning an
payment obligations have been sent over to several Member States
for the execution or enforcement of the decision also
takes place in Sweden, the Swedish enforcement authority shall monitor the
total value of the effected does not exceed the
amount specified in the decision.
Chapter 3. Recognition and enforcement in Sweden of a foreign
confiscation orders
Introductory provisions
section 1 of a confiscation order transmitted over to Sweden to
recognised, in accordance with the provisions of this law and enforced
in accordance with the legal or regulatory provisions that apply
for enforcement in Sweden of confiscation orders, if not
subject to the provisions of this law.
section 2 of the enforcement of a confiscation order shall not be
by deprivation of liberty or another measure that replaces
the forfeiture.
Enforcement of a decision relating to certain property may be made
by payment or execution in respect of the value of the property,
If it is appropriate and competent authorities of the other
the Member State agree it. This does not apply to the
enforcement of decisions regarding confiscation of instrumentalities at
crime.
section 3 of the translation to Swedish currency, the exchange rate
applied at the time of the confiscation order was issued.
Competent authorities
section 4 of the enforcement authority hearing on confiscation orders
According to Chapter 1. section 3(1) 1-3 should be recognised and
enforced in Sweden.
District Court hearing, at the request of the Swedish enforcement authority,
If the confiscation order pursuant to Chapter 1. 3 paragraph 4
shall be recognised and enforced in Sweden. Enforcement authority
may, however, before the given made a request to the right, with support
of section 10 may decide that a declaration of enforceability under section 8
not to be notified.
As regards the District Court's jurisdiction referred to in the second subparagraph
apply chapter 18. section 1 of the enforcement code. Law (2014:203).
How the procedure starts
paragraph 5 of a confiscation order transmitted over to the
Enforcement authority. The decision shall be accompanied by a certificate
is drawn up in accordance with the form set out in the annex to
the framework decision.
The certificate shall be written in Swedish, Danish, Norwegian, or
English or accompanied by a translation into one of the
these languages. Law (2014:203).
6 § a confiscation order and the certificate shall be sent over
in writing by post, courier or fax or, after
understanding of the case, otherwise.
section 7 If the certificate is missing or in form or content is so
flawed that it is not without significant inconvenience can be added
the basis for the consideration of the question of the recognition and
enforcement, the enforcement authority give the other
Member State authority the opportunity to come in within a certain time
with the completion. The same applies if the confiscation order
missing.
Declaration of enforceability
section 8 If a confiscation order is enforceable in Sweden,
to the authority which is competent pursuant to paragraph 4 shall decide to
execution may take place (enforceability).
Enforceability shall be effective immediately.
Enforceability shall include information on
1. the amount in Swedish currency or property
enforcement shall be,
2. the decision may be enforced in accordance with the second subparagraph of paragraph 2 of
the first sentence, and if so, with the amount in Swedish
currency,
3. how the decision to be enforced, if there are other decisions on
confiscation or one or more decisions to ensure
enforcement of a confiscation order, and
4. how the party against whom the statement is valid may appeal
verkställbarhets-the legend.
In determining the amount referred to in the second subparagraph of paragraph 1
and 2, paragraph 3, shall apply. A declaration of enforceability which
has been issued by the enforcement authority shall be served on the v
the Declaration applies. The Swedish Enforcement Authority Decides
on the basis of section 13, first paragraph 1 if
enforcement need service cannot be done as long as the reasons
for the deferral. Law (2014:203).
Enforcement authority's obligation to state reasons
§ 9 a decision by bailiffs not to notify a
enforceability, to suspend such a or that
decide on the suspension of operation shall include the reasons
for the decision.
Obstacles to recognition and enforcement
paragraph 10 of The Declaration of enforceability shall be granted if an
such a certificate referred to in section 5, despite the fact that the other
Member State authority been given an opportunity to submit
completion, missing, or to form or content is so
flawed that it is not without significant inconvenience can be added
the basis for the consideration of the question of the recognition and
enforcement.
section 11 of A declaration of enforceability, except as set forth in
section 10 shall be granted if the
1. it is for the same Act on which it is based
If the confiscation is handed down a judgment or decision in Sweden or
in another State and the judgment or decision in the other State,
in case of a conviction, has been executed,
2. According to Chapter 20. section 7 of the code of judicial procedure or equivalent
provision of other Swedish teams have announced decision not to
to prosecute for the offence on which it is based
on confiscation,
3. such a declaration would not be in line with the
provisions on privileges and immunities,
4. the confiscation order has been issued after a hearing
where the party against whom the decision is addressed was not personally
at present, and if it has not been confirmed in the certificate to any
by the terms of article 8(2) (e) of the framework decision are met,
or
5. the facts underlying the decision
confiscation, in whole or in part has been committed in Sweden and not
correspond to the crime under Swedish law or statute of limitations have
entered under chapter 36. section 15 of the criminal code. Law (2014:845).
11 a § of the confiscation order pursuant to Chapter 1. paragraph 3 of the first
paragraph 4 applies, in addition to what is stated in paragraphs 10 and 11, to a
enforceability may not be notified of
1. the facts which are the basis for the decision on the
forfeiture corresponds neither to an offence for which, according to
Swedish law mandating imprisonment for six years or more, or
any of the offences enumerated in chapter 36. 1 b of the second and
third subparagraphs Penal Code,
2. the offence is not of a nature to give exchanges,
3. neither of the confiscation order or of requirements
established in the other Member State law indicates that the
the State Court has determined that the confiscated property
derived from criminal activity, or
4. the confiscation order is not directed at any of the
persons listed in chapter 36. 5 a of the Penal Code.
A declaration of enforceability of decisions referred to in
the first subparagraph shall be granted if it is unfair.
Law (2014:203).
Reduction of the enforceable amount
section 12 If the confiscation order relates to a payment obligation
and it appears that during the enforcement amount to
partly paid or committed in another State, shall
Enforcement authority to the same extent, reduce the amount of
which execution may take place. At reduction apply section 3.
Suspension of enforcement
paragraph 13 of the Swedish Enforcement Administration may decide if the suspension at certain time
with the enforcement of a confiscation order if
1. the execution would harm an ongoing investigation into the
crime,
2. the property is declared forfeited under a Swedish decision
If the confiscation or is subject to enforcement of a
confiscation order or a decision to ensure
enforcement of a confiscation order,
3. the decision relates to a payment obligation of a person against
What a procedure on forfeiture or enforcement of
a confiscation order and the person in question has no
assets to all decisions shall be enforced,
4. the execution poses a risk to the monetary amounts
the decision will be exceeded due to
simultaneous execution of several Member States,
or
5. it is necessary to completely or partially translate decision.
The period of suspension under this section may be extended.
The Swedish Enforcement Administration may decide that measures taken
enforcement measures to return. When the reasons for deferral
ceased to be the execution resumed.
Appeal of bailiffs
Declaration of enforceability
section 14 of the bailiffs of enforceability shall
appeal by the party against whom the statement is valid until
District Court that according to chapter 18. section 1 of the enforcement code, try
appeal against Enforcement Authority. The appeal
shall be made in writing and submitted to the enforcement authority
within three weeks of the date on which the party against whom the statement
concerns were part of enforceability.
An appeal has not been received in due time will be rejected
by the enforcement authority. If the appeal has been received by the
the District Court within the time for appeal, the fact
that appeal has been submitted to the Swedish Enforcement Administration
only then does not necessitate that it be rejected. If the appeal
not rejected, the authority shall send it and other documents in
the case to the District Court.
Suspension of enforceability
section 15 of A declaration of enforceability shall be terminated if
1. it appears that the confiscation order may not
enforced in Sweden,
2. the confiscation order relates to certain property and not
are found in this country,
3. property that can be used for enforcement is not found
or for any other reason it is not possible to
the execution of the confiscation order,
4. Grace has been granted or other decision under Chapter 12. § 9
the Constitution has been issued,
5. the confiscation order is enforced in a
other State, or
6. request for execution of the confiscation order
recalled.
Decision concerning the withdrawal of a declaration of enforceability
announced by the enforcement authority. However, the Court, in addition to the
the cases in which the legend is the subject of the Court,
take decisions concerning the withdrawal of the case law has announced
Declaration or set enforcement service
explanation and in the case of cancellation referred to in the first
subparagraph 1.
If a declaration of enforceability is annulled, the
enforcement actions that have been taken as far as possible
return. Law (2014:203).
Other provisions
section 16 of the Act applies For Court (1996:242) if
Court cases, unless otherwise provided by this Act. Before
Court decides not to notify a
enforceability or cancels such
explanation, the enforcement authority have been given an opportunity to
be heard.
For appeal against the Enforcement Authority in questions
concerning enforcement, the provisions of chapter 18.
the enforcement code. Law (2014:203).
section 17/expires U: 2016-01-01/property other than money received by enforcement
to be sold. Can the property be sold, it may be destroyed.
Property in accordance with the first paragraph which can be expected to come to
criminal use or are otherwise unfit for sale
shall be disposed of by the authority which keeps the property.
If there are special reasons, certain property may be submitted to
the second Member State, instead of being sold under the first
paragraph. Such property shall, if the confiscation order relates to a
payment obligations, shall be handed over only if the other State
agree to it.
Property shall in no case be communicated if it is Swedish
cultural objects referred to in Chapter 6. section 2 of the Act (1988:950) om
cultural heritage, etc.
section 17/entry into force: 01/01/2016/property other than money received for enforcement is to be sold. Can the property be sold, it may be destroyed.
Property in accordance with the first paragraph which can be expected to come to criminal use or are otherwise unfit for sale shall be disposed of by the authority which keeps the property.
If there are special reasons, certain property may be communicated to the other Member State, instead of being sold as referred to in the first subparagraph. Such property shall, if the confiscation order relates to a payment obligation, be transmitted only if the other State agrees to it.
Property shall in no case be communicated if it is Swedish cultural objects referred to in Chapter 6. section 2 of the cultural heritage Act (1988:950). Law (2015:851).
section 18 of the Accrued funds belongs to the Swedish State if the amount
less than € 10 000. In other cases, the accumulated funds
divided equally between the Swedish State and the other
the Member State.
The Government may, with the agreement of the other
the Member State, decide on a different allocation than that specified
in the first paragraph.
section 19 of the decision under section 17 and section 18, first paragraph, be notified of
Enforcement authority.
