Regulation (2009:1428) On The Recognition And Enforcement Of Financial Penalties In The European Union

Original Language Title: Förordning (2009:1428) om erkännande och verkställighet av bötesstraff inom Europeiska unionen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:1428

Chapter 1. General provisions



Article 1 this regulation lays down provisions on the application

by law (2009:1427) on the recognition and enforcement of

financial penalties in the European Union.



section 2 of the concepts contained in this regulation has the same

meaning as in the Act (2009:1427) on the recognition and

enforcement of financial penalties in the European Union.



§ 3 any communication or consultation to facilitate the

the enforcement of financial penalties in Sweden or in another

Member State shall take place between the bailiff and the competent

authority or the central authority of the other State.



Communication and consultation as referred to in the first subparagraph may be made on

the way that is most appropriate in the individual case.



Chapter 2. The enforcement abroad of a Swedish financial penalties



§ 1 a decision on fines as 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

2005/214/JHA on the application of the principle of mutual

recognition to financial penalties, as amended by Council framework decision

2009/299/JHA. Enforcement authority shall draw up the certificate.



The bailiff shall translate the certificate to the other

the State language or into a language that the State has

stated that it accepts. Regulation (2013:839).



paragraph 2 of the decision on financial penalties, and the certificate shall be sent over

in writing by post or by courier.



Enforcement authority may, however, after agreement with the

competent authority or the central authority of the other

Member State shall send the decision on fines and the certificate

by facsimile, electronic mail or any other means.



section 3 Of the condemned, then the execution of the penalty

been requested in another Member State, voluntarily pay part of

fine enforcement authority shall immediately inform the

competent authority or the central authority of the other

State thereof and as to the amount still to be run

check-in.



section 4 If a decision on the fines sent over from Sweden

can no longer be enforced because of statute of limitations

According to chapter 35. section 7 of the Penal Code has expired, grace

granted, the whole amount of the fine has been paid, or by other

reasons, the Swedish enforcement authority shall immediately inform the

competent authority or the central authority of the other

State and withdrawal of the enforcement of the

the financial penalty.



§ 5 If the financial penalty to be enforced in the other

Member State intends a significant amount and of the measures

as can be expected to be necessary to enforce the penalty only

is limited or if for any other reason,

reasons to request a portion of the funds recovered,

Enforcement authority shall draw the attention of the Cabinet Office

(The Justice Department) before it makes a request

with such a request to the other State.



Chapter 3. Recognition and enforcement in Sweden of foreign

financial penalties



(1) If a decision on the fines have been sent to an authority

who is not competent to recognise and enforce foreign

financial penalties under the Act (2009:1427) on the recognition and

enforcement of financial penalties in the European Union,

the authority shall forward the shipment to

Enforcement authority. The bailiff shall in such

inform the other competent authority, or

Central Authority for this.



The same applies to other documents belonging to a case if the

recognition and enforcement of financial penalties.



section 2 If a decision on financial penalties transmitted for

recognition and enforcement in Sweden concerning the Act on

tryckfrihetsförordningens or freedom of Constitution

areas, the bailiff shall consult and, if necessary,

obtain an opinion from the Attorney General.



3 § If a declaration of enforceability was given, the

the financial penalty to be enforced expeditiously.



section 4 If an appeal against a declaration of enforceability has

sent directly to the District Court, it shall notify the

Enforcement authority.



If the District Court's decision be appealed to the Swedish Enforcement Administration

be notified of it. The same applies where the decision of the Court

subject to appeal.



paragraph 5 of the enforcement authority shall consult with the competent

authority or the central authority of the other

Member State prior to the Enforcement Authority makes a decision on

that a criminal is not enforceable in Sweden.



The same applies in the case before the Swedish enforcement authority or court

announces decision to repeal a declaration of enforceability.



section 6 of the enforcement authority shall notify the authority of the

other State



1. If enforcement is refused;



2. where a declaration of enforceability has been appealed or

the Court's decision has been appealed,



3. If a declaration of enforceability has been suspended,



4. If the convicted person has demonstrated that he or she has already paid

the fine, and



5. If the financial penalty has fully executed.