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
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
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
(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
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
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
§ 9 a decision by bailiffs not to notify a
apply-barhetsförklaring will contain the reasons for the
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).
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
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
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).
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.