Law (2008:322) On Customs And The Coast Guard's Power To Intervene Against Drunken Driving Offences

Original Language Title: Lag (2008:322) om Tullverkets och Kustbevakningens befogenheter att ingripa mot rattfylleribrott

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:322

The scope of the law



section 1 of this Act provides for the powers of

Customs Service and the coast guard and officials at these

authorities to take measures to prevent, detect and

investigating offences under 4 and 4 (a) of the Act (1951:649) of punishment for

some traffic offenses.



Alcohol breath tests and eye examination



section 2 provisions on the authority of an officer of the Customs and Excise Department

or Coast Guard to take alcohol breath and make

eye examination and stop vehicles for such sampling or

Investigation Act (1976:1090) of alcohol breath

and the law (1999:216) on eye examination in cases of suspected some

crime in traffic.



Investigation, etc.



section 3 of the customs service or the coast guard may decide to initiate

preliminary investigation pursuant to Chapter 23. the code of judicial procedure relating to offences

referred to in paragraph 1. The powers and obligations of the

-patient basis under the code of judicial procedure will apply

Customs Service and the coast guard. The authority shall appoint

Special officers to fulfil the Agency's

tasks.



If the matter is not of a simple nature, the management of

the investigation has been taken over by prosecutors as soon as someone reasonably

can be suspected of the crime. Prosecutors should also be in other cases

inheriting the lead when needed for special reasons.



When the investigation will be led by a Prosecutor, the Prosecutor may employ

assistance by the customs service or the coast guard. The Prosecutor may

also instruct staff members of the authority to take a certain

action to be found for the investigation, if appropriate, with

account of the nature of the measure.



4 section Before an investigation has been launched, has a

an official at the Customs and Excise Department or coast guard the same

authority as a police officer under Chapter 23. paragraph 3 of the third

subparagraph, the code of judicial procedure to hold hearings and take other

investigative measures that are relevant to the investigation of crimes

referred to in paragraph 1. The measures taken shall, as soon as possible

be notified to the person who has the right to lead the investigation of

the crime.



As provided in Chapter 23. section 8 of the code of judicial procedure if the power

for a police officer to ask someone to accompany for questioning and

bring someone to the hearing also applies to an official of the

Customs Service or Coast Guard in the investigation of crimes

referred to in paragraph 1.



Arrest



§ 5, an official of the Customs and Excise Department or Coast Guard

the same powers as a police officer under Chapter 24. paragraph 7 of the first

subparagraph, the code of judicial procedure to apprehend the suspected of crimes

referred to in paragraph 1. It provided for in the code of judicial procedure if

powers and duties in relation to the

arrested applies to the officer in the same extent as for

a police officer and for the customs service and the coast guard in the same

extent of the police authority. Law (2014:627).



The seizure



section 6, an official at the Customs and Excise Department or Coast Guard

the same powers as a police officer under Chapter 27. 4 §

the code of judicial procedure to take the property seized because of crime

referred to in paragraph 1.



Seized property shall be kept by the customs service or

The coast guard, unless the Prosecutor determines otherwise.



Search warrant



section 7 of The official at the Customs and Excise Department or Coast Guard

the same powers as a police officer under Chapter 28. paragraph 5 of the

the code of judicial procedure to make the search warrant by reason of offence

referred to in paragraph 1.



Strip search and body inspection



section 8, an official at the Customs and Excise Department or Coast Guard

the same powers as a police officer under Chapter 28. section 13

the code of judicial procedure to decide on a physical examination and

body inspection by reason of the offence referred to in paragraph 1.



Temporary disposal of vehicle keys, etc.



section 9, an official at the Customs and Excise Department or Coast Guard

the same powers as a police officer under the Police Act, section 24 (a)

(1984:387) to temporarily dispose of vehicle keys, else

needed for the trip, or the vehicle, as well as making

Strip search and search the vehicle.



section 10 of the official who has decided on the disposal in accordance with

section 9 shall promptly report it to the police, as

immediately to examine whether treatment should be continued.

Taken care of property shall be kept by the customs service or

The coast guard, unless Police decide something

other things.



Minutes shall be kept of the disposal in accordance with the

provided for in section 27 of the Police Act (1984:387). In the application

the provision applies to what is being said about the foreman instead

The police authority. Law (2014:627).



section 11 regarding the further procedure at the disposal

apply the provisions of 24 c and 24 d of the law on police

(1984:387) prohibiting the disposal and destruction

or sale of property. Property seized

by virtue of section 9 of this Act shall be construed as property

seized with the support of 24 a of the law on police.



Property held by the customs service or the coast guard,

handed over to the police authority, if it is not available for download.

Law (2014:627).



Disposal of driving licence



section 12 of the power of the Customs and Excise Department or Coast Guard to

decide on the disposal of the driving licence provided for in Chapter 7. 4 §

license Act (1998:488).



Use of force, etc.



paragraph 13 of the rules on competence for an official of

Customs Service or the coast guard, in connection with certain

measures provided for in this law, the use of force and to make

Strip search for security purposes, see section 29, first and second

subparagraphs Police Act (1984:387).