Law (2011:111) On The Destruction Of Some Hazardous Substances Of Abuse

Original Language Title: Lag (2011:111) om förstörande av vissa hälsofarliga missbrukssubstanser

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:111

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.