The law's purpose and scope
section 1 of this Act is to prevent people
abusing certain hazardous substances.
section 2 of this Act apply in respect of substances which
1. have been declared drug under the Regulation (1992:1554)
If drugs or harmful to be under
Regulation (1999:58) banning certain products which are hazardous to health
According to a regulation adopted but not yet in
power,
2. have been declared drug under an international
agreement that Sweden has acceded but where the legend
not yet in force in this country, or
3. likely to be declared by the Government as drug
or as harmful to be in accordance with any of those referred to in paragraph 1 shall
the regulations.
Conditions for destruction
3 § If a substance referred to in paragraph 2 because of circumstances in
the case can be taken to be intended to be used for the purpose
to achieve intoxication or other influence, and then may be
cause injury or death, it may be decided that
the substance should be destroyed.
Who decides on the destructive
paragraph 4 of the decision on destruction made by a Prosecutor.
If the case is of a simple nature, destructive
also taken by such officers of the customs service that
specified in § 32 Act (2000:1225) of punishment for smuggling. What
This law provides for the Prosecutor also applies to such
executives, unless otherwise stated.
Disposal of a substance pending the decision on the
lossy
§ 5 If a police officer or customs officer encounters a substance
and it can reasonably be assumed that a decision on the destruction of
substance may be communicated under this law, he may
or she may decide to dispose of the substance pending
the Prosecutor's decision.
The provisions of 16 to 25 and 27 to 30 of the administrative procedure act
(1986:223) not applicable to the procedure of customs service in
questions concerning the taking into care pending the decision on the
destruction or on the procedure of the police authority.
Law (2014:653).
section 6, by a disposal of a substance in accordance with paragraph 5 of may
the police officer or customs officer shall hold hearings with the
holding the substance, another who is present when the substance
is encountered, and the person who owns or is sender or recipient
of the substance, in order to investigate if there are conditions
for a disposal.
At such a hearing shall apply the following provisions of Chapter 23.
the code of judicial procedure:
-section 4 of objectivity,
-section 10 of who may attend the hearing, and
-section 12 on the prohibition of unfair measures during interrogations.
For the purposes of Chapter 23. section 4 of the code of judicial procedure to be
the provisions concerning the suspected instead refer to it from
the substance can be disposed.
section 7 When the police, the customs service or a prosecutor withdraws from the
the seizure of such a substance referred to in paragraph 2, the
terminates the seizure may decide to dispose of the substance, if
the conditions pursuant to paragraph 5 are fulfilled. A prosecutor may also
decide to dispose of a substance in the case where the law withdraws from the
a seizure. Law (2014:653).
section 8 a decision regarding disposal shall be effective immediately. A
taken care of substance shall be taken into custody.
Article 9 of the Protocol to transfer care. Of the Protocol,
which shall be drawn up immediately, it should be made clear
1. What is seized,
2. who has made the decision on the disposal,
3. the basis for the decision,
4. who care,
5. who was present at the disposal,
6. the time of the disposition, and
7. other circumstances at the disposal.
The minutes shall be forwarded to the person or persons concerned by
decision, together with an indication of the right to
judicial review in cases where the Prosecutor decides whether or
determines a disposal and what applies in the case of
reconsideration and appeal.
The procedure of the Prosecutor
Review of decisions on the disposal
paragraph 10 of the decision on the disposal, which has been taken by any
other than a Prosecutor, shall promptly be reported to the Prosecutor, who
immediately to examine whether treatment should be continued.
The Prosecutor's decision shall be in writing and, if the care
determined, contain the reasons on which the decision is based.
Most affected by the decision shall be notified of the decision and
If the option to request review under section 17, partly on how
the decision can be appealed under section 19. Protocol over
disposal shall be annexed to the decision. The Prosecutor determines
how notification shall be done.
Decisions concerning destruction of a taken care of substance
section 11 of the public prosecutor may order the destruction of a substance, if
the conditions referred to in paragraph 3 are met, and the Prosecutor has
1. decided on a disposal under section 7, or
2. fixed a disposal under section 10.
Has, since the initiation of a proceeding under this Act, a
entry into force of the Constitution by which the substance has been declared
that drug, or unhealthy to be, this does not prevent that
the Prosecutor decides on destruction.
A decision on the destruction may be taken even if the owner of
substance is unknown.
paragraph 12 of the Decision in the case of destruction shall be taken as soon as it can
take place.
A decision in the case of destruction must be in writing and specify the
1. If the substance should be destroyed or not,
2. from whom the substance seized and other concerned by
the decision,
3. the grounds on which the decision is based on, and
4. the ability to request a review under section 17 and how
the decision can be appealed under section 19.
section 13 of the public health agency and the FDA to issue an opinion
within some time on the question of substance is of such a nature as
set out in paragraph 2, if the public prosecutor so requests. Team (2013:636).
section 14 of the public prosecutor in the prosecution service may call upon the assistance of
The police or the Customs and Excise Department in the investigation of questions about
destruction under this Act.
At a hearing shall apply the following provisions of Chapter 23.
the code of judicial procedure:
-section 4 of objectivity,
-section 6, if the right to hold hearings,
-section 10 of who may attend the hearing, and
-section 12 on the prohibition of unfair measures during interrogations.
For the purposes of Chapter 23. section 4 of the code of judicial procedure to be
the provisions concerning the suspected instead refer to it from
the substance seized. Law (2014:653).
section 15 of The concerned by a decision on the destruction to be served
the decision.
section 16 If an attempted service under section 15 has failed,
or a procedural attempt is deemed as hopeless, and value
of the substance may be expected to be less than a tenth of the
price base amounts according to Chapter 2. 6 and 7 of the social code
that was in effect when the Prosecutor's decision was announced, get the service done
by decision posted on the prosecution.
It has not been able to be investigated who is the owner of the substance
as the order for destruction, should the Prosecutor post decision
at the authority stating the circumstances under which
the substance has been recorded. The Prosecutor shall specify a period of time, which
not less than one month, during which those who want to make
claims of substance to make themselves known. If it is not
obtained from any such claim, WINS decision final.
Review
section 17 of the public prosecutor shall, on its own initiative or at the request of
most affected by the decision, revoke or amend a decision
disposal or destruction if it because of the change in the
conditions there are reasons for it, or if the decision is clear
inaccurate. However, this does not apply if the issue is the subject of
judicial review or have been settled out of court.
Applicability of the administrative procedure act
section 18 At the Prosecutor's prosecution under this law is applied
the following provisions of the Administrative Procedure Act (1986:223):
-4 and 5, § § serviceskyldighet if the authorities,
-section 6, if the cooperation between authorities,
-section 7 if the General requirements on the handling of cases,
-section 8 if the interpreter,
-section 9 of representatives and counsel,
-section 10 of incoming documents,
-paragraphs 11 and 12 of his disqualification,
-section 15 if the annotation of data;
-section 16 if the parties ' right to obtain information,
-20 second sentence of the first subparagraph of paragraph 1 and 4, second paragraph
If that reasoning may be omitted,
-section 24 if the right ids review of appeal,
-26 § correcting typos and the like, and
-section 30 on the appeal of the rejection decision.
In dealing with a question of destruction also apply
the following provisions of the Administrative Procedure Act:
-section 13, first subparagraph if the referral,
-section 14 if the oral proceedings, and
-section 17 on the parties ' right to receive information before a case
is determined.
In the case of public prosecutor, however, the provision on conflict of interest in 7
Cape. section 6 of the code of judicial procedure to be applied.
Appeal
section 19 of the Prosecutor's decision on the disposal or destruction,
be appealed to the District Court of an individual affected by the decision.
An appeal must be in writing and submitted to the Prosecutor.
The appeal must be submitted to the Prosecutor within three weeks
from the date on which the appellant received the decision. Decision on
care must, however, be appealed without limitation to specific
time.
If the public prosecutor does not reject the appeal pursuant to section 24 of the
administrative law (1986:223), he or she shall, together with the
own opinion, submit the appeal and other documents in
the case to the District Court.
section 20 of the Competent Court is the Court in whose area of jurisdiction the
appealed against the decision has been taken.
section 21 at the court handling the law (1996:242) if
Court cases. The Prosecutor is a counterpart to the individual since
the file has been handed over to the Court.
Other provisions
section 22 When public health agency or agency shall
comment according to section 13, the authority shall, as soon as it can be done
consider whether there are grounds to apply to the Government
If that substance is explained as drugs or harmful to health
be. Team (2013:636).
section 23 Of the public health authority or the authority has
delivered an opinion in accordance with section 13, the authority shall forthwith inform the
the prosecutor about the change in circumstances that may influence a decision
According to this law.
The Prosecutor has received notice in accordance with the first paragraph and is
the case is subject to judicial review, the Prosecutor shall promptly
send a copy of the notification to the Court.
Team (2013:636).
section 24 A taken care of substance to be returned to it from
which it has seized about
1. the Prosecutor or the Court decides that a disposal is not
be maintained, or
2. the Prosecutor or the Court decides that the substance should not be
be destroyed.
When something must be returned in accordance with the first subparagraph, the from
the substance has been taken into custody as soon as possible
informed that the substance may be retrieved and that, if the
not be retrieved within a fixed period of not less than one month,
will be destroyed. If it is known that someone else also
affected by the decision, he or she shall be informed that
treatment has ceased, and to whom the substance will
extradited.
Notice that the compound may be collected shall be notified to the relevant
person. The property will be available for pick-up at the
the present authority for at least the period of time specified in the
the information referred to in the second subparagraph.
section 25 of the authority keeps a taken care of substance,
arrange so that the substance is destroyed when a decision on destruction
has become final.
Authority may also destroy a substance if
1. the person from whom the substance seized requests it,
2. the substance to be returned does not download the
within the specified time, or
3. the care of substance is associated with particularly high costs
or significant risks.
section 26 of The caused material damage as a result of a substance
destroyed is entitled to compensation
1. If the public prosecutor or the right after destruction finds that the
is no basis for destruction, or
2. If the substance destroyed pursuant to paragraph 2 3
and then not explained that drugs or harmful to health
be.
The right to compensation shall arise unless the substance has
destroyed with the aid of 25 section 1 or 2.
Transitional provisions
2011:111
1. this law shall enter into force on 1 april 2011.
2. The law apply only to substances which are disposed with
support of 5 or 7 sections after the entry into force.