Law (2009:1427) On The Recognition And Enforcement Of Financial Penalties In The European Union

Original Language Title: Lag (2009:1427) om erkännande och verkställighet av bötesstraff inom Europeiska unionen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:1427

Chapter 1. General provisions



section 1 of this Act contains provisions for the implementation of

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. Law (2014:844).



Definition of financial penalties



section 2 With a fine referred to in this law a duty

by a final decision, a penalty or

an injunction by summary penal fine under 25

Cape. Criminal Code or company bot under 36 Cape.

the Penal Code and the decision of such a decision on

costs and the corresponding compensation and fee

under the Act (1994:419) about the crime victims fund.



section 3 With a fine referred to in this law an obligation

According to a final decision rendered in another

Member State of the European Union by court or by other

authority than the Court if the decision relates to have been able to get

This reviewed by the court having jurisdiction in particular in criminal matters;

for a natural or a legal person to pay a

monetary amounts in the State constitutes punishment for crime

concerning criminal or other wrongdoing. With

fines referred to in law an obligation under a

such a decision to pay



1. other compensation to crime victims than those based

in a civil legal claims,



2. legal costs and the corresponding compensation, and



3. sum of money to a public fund or a

support organisation for victims of crime.



Fines referred to in the first subparagraph shall not include



1. the decision on the confiscation of instrumentalities or proceeds of

offence, or



2. individual claims enforceable under Council

Regulation (EC) No 44/2001 of 22 december 2000 on

jurisdiction and the recognition and enforcement of

decisions in civil and commercial matters.



Information on enforcement regulations



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 financial penalties



Transmission of a Swedish decision on fines



section 1 of the enforcement authority decides whether a decision on fines

According to Chapter 1. paragraph 2 shall be sent to another Member State in

The European Union for the recognition and enforcement in the

State. A decision on the fines may be sent if

the transmission is in accordance with the framework decision and it can be assumed

provide benefits for the recovery of the penalty.



section 2 of the bailiff sends over the decision on fines

to a competent authority or a central authority in the

other Member State.



The decision on a fine may not simultaneously be sent over

for the execution of more than one Member State.



Transformation of financial penalties



3 § If a decision on the fines sent over for

enforcement in another Member State, shall

The bailiff did not allow the financial penalty

turn into a prison or any other penalty in the second

State.



Continued recovery in Sweden



4 § Have a decision on the fines sent over for

enforcement in another Member State, may continue to

recovery in Sweden do not take place.



If the bailiff has withdrawn the execution in

the second Member State, the recovery will resume in

Sweden. The same applies if the Member State in which

enforcement requested, announced that the penalty in whole or

part has not executed or will be able to

enforced in the State.



If enforcement has been refused in the other Member State on

because of that the convicted person has been sentenced for the same offence,

recovery not be resumed in Sweden.



Chapter 3. Recognition and enforcement in Sweden of foreign

financial penalties



Introductory provisions



(1) a decision on the fines referred to in Chapter 1. paragraph 3 of the broadcast

over to Sweden, shall be recognised in accordance with the provisions of this

law and enforced in accordance with what is prescribed for

enforcement of a Swedish financial penalty unless otherwise

provided for by this law.



section 2 a fine referred to in Chapter 1. paragraph 3 may be executed

Although the fine exceeds the maximum amount of the fine according to the

Swedish law.



Financial penalties that are enforced by order under this Act may

do not turn into prison.



section 3 of the translation of an amount under this Act to the Swedish

currency, the exchange rate applicable at the time

then the foreign financial penalty was announced.



Competent authority and how the procedure starts



section 4 of the enforcement authority decides whether a fine will

be recognised and enforced in Sweden.



paragraph 5 of The decision on financial penalties, sent over for recognition

and enforcement, shall be accompanied by a certificate which 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.



section 6 of the competent authority or the central authority of the other

the Member State shall send the decision on fines and

certificate to the enforcement authority.



The decision on fines 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 referred to in paragraph 5 of the missing or to form or

content is so flawed that it is not without significant

inconvenience can be used as a basis for consideration of the issue of

recognition and enforcement, the enforcement authority give

the second Member State authority able to within a certain

time submit completion. The same applies if the decision on the

financial penalties are missing.



Declaration of enforceability



section 8 If the financial penalty is enforceable in Sweden to

The Swedish Enforcement Administration may decide that such enforcement may

(enforceability). The decision applies immediately.



Enforceability shall indicate



1. the amount in Swedish currency which the penalty relates, and



2. how the convicted person may appeal against the Declaration of enforceability.



In determining the amount referred to in the second subparagraph of paragraph 1

should paragraph 3 be applied. Of enforceability shall be served on the

the condemned.



§ 9 a decision by bailiffs not to notify a

apply-barhetsförklaring will contain the reasons for the

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 State

authority the opportunity to submit their completion,

missing or to form or content is so flawed that

It is not without significant inconvenience can be

examination of the issue of recognition and enforcement.



section 11 of A declaration of enforceability shall be granted



1. If, for the same deed issued judgment or decision in

Sweden or in another State and the judgment or decision in the

other State, upon a conviction, has been executed,



2. If the Act is wholly or partly committed in Sweden and the

does not correspond to the crime under Swedish law, or if a

application of chapter 35. section 7 of the Penal Code means that

Statute of limitations expired,



3. If the convicted person had not reached the age of 15 years when the offence was committed,



4. If such a declaration would not be in line with the

provisions concerning immunity,



5. If the penalty was decided after a written

procedure and it has not been confirmed in the certificate that the

the judge personally or by competent agents notified

their right to contest and about this deadline, or



6. If the penalty was given after a hearing at which

the condemned were not present and if it is not

confirmed by the certificate of any of the provisions of article 7 – j

of the framework decision are met. Law (2014:844).



Court



section 12 of the enforcement service of enforceability, of

the convicted person may be appealed to the District Court pursuant to chapter 18.

section 1 of the enforcement code examines the appeal of

The Swedish enforcement authority. The appeal must be made

in writing and filed with the bailiff within three

weeks from the day on which the convicted person was part of

of enforceability.



An appeal that has not come in on time,

rejected by the enforcement authority. If the appeal has come

submitted to the District Court within the time of the appeal, it shall

the fact that the appeal has been received by the

Enforcement authority only after that do not give rise to the

is rejected. If the appeal is not dismissed, the authority shall send

it and other documents in the case to the District Court.



In the appeal case law (1996:242) about court cases,

unless otherwise provided for by this law.



Reduction of the amount



section 13 If it is found that during execution

the amount of the fine has been paid or committed in

another Member State, the Enforcement Administration put down

amount. At reduction apply section 3.



Suspension of enforceability



paragraph 14 of A declaration of enforceability shall be repealed



1. If it is found that the penalty may not be enforced in

Sweden



2. If the grace granted or other decision under Chapter 12. § 9

the Constitution has been issued,



3. If property that can be used for enforcement

is encountered or for any other reason is not possible

to execute the punishment, or



4. If the request for enforcement be revoked.



Decision concerning the withdrawal of a declaration of enforceability are announced

by the enforcement authority. However, the right to make decisions in the

case statement, after an appeal, subject to

the Court or when the law determined declaration and

It is to repeal the referred to in the first subparagraph 1. Before


Court invalidates a declaration of enforceability shall

Enforcement authority have been given the opportunity to comment on the

Enforcement authority annuls the enforceability

applies to section 9.



If a declaration of enforceability is annulled, the

enforcement actions taken in return. Law (2010:1439).



Other provisions



section 15 of the appeal decision of the enforcement service in

issues related to the enforcement provisions of chapter 18.

the enforcement code.



section 16 of the value of what has been driven in to the State.

The Government may, with the agreement of the other

the Member State, decide on a different allocation.