Law (2011:423) On Recognition And Execution Of Confiscation Orders In The European Union

Original Language Title: Lag (2011:423) 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=2011:423

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.