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Law (2007:979) On Measures To Prevent Certain Particularly Serious Offences

Original Language Title: Lag (2007:979) om åtgärder för att förhindra vissa särskilt allvarliga brott

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section 1 authorisation of covert interception of electronic

communication according to Chapter 27. section 18, first paragraph

the code of judicial procedure, secret surveillance of electronic

communication according to Chapter 27. section 19 of the first and second subparagraphs

the code of judicial procedure or secret surveillance under 27

Cape. 20 (a) of the code of judicial procedure shall be notified of

having regard to the circumstances, there is a real risk

to a person will exercise criminal activities

includes



1. sabotage or coarse tampers under Chapter 13. 4 or 5 §

the criminal code,



2. arson, aggravated arson, destruction, living

hijacking, maritime or aviation sabotage or airport sabotage

under Chapter 13. 1, 2, 3, 5 a and 5 b of the Penal Code, if

the crime involves sabotage under the same chapter,



3. rebellion, armed threat to the legal order or violation of

civic freedom under Chapter 18. 1, 3 or 5 §

the criminal code,



4. high treason, krigsanstiftan, spying, espionage,

gross mishandling of secret information or serious

clandestine intelligence activities against Sweden, against the alien

power, or against the person under Chapter 19. 1, 2, 5, 6 or 8 §

or section 10, second paragraph, paragraph 10 (a) and 10 (b) §

the second paragraph of the Penal Code,



5. corporate espionage under paragraph 3 of the Act (1990:409) on the protection of

trade secrets, if there is reason to believe that the

criminal activity will be exercised on behalf of or

supported by a foreign power or by someone who will

to act on behalf of a foreign power,



6. terrorist offences under section 2 of the Act (2003:148) if the penalty for

terrorist crimes, felony, according to the second subparagraph of paragraph 3 of the law

(2002:444) if punishment for the financing of particularly serious

crime in some cases or felony under section 6 of the Act

(2010:299) of punishment for public provocation, recruitment and

education relating to terrorist crimes and other special

serious crime, or



7. murder, manslaughter, aggravated assault, kidnapping or unlawful

deprivation of liberty referred to in Chapter 3. 1, 2, or section 6, or 4. 1 §

or 2 of the Penal Code in order to influence

public bodies or the professional conduct

news reporting or other journalism to take or

refrain from taking an action or to avenge an action.



Conditions referred to in the first subparagraph shall also be notified of the

There is a real risk that within an organization or

Group will exercise criminal activities referred to in

first subparagraph, it may be expected that a person belongs to

or working for the organization or the Group knowingly will

to promote this business. Law (2014:1421).



section 2 of the Secret interception of electronic communications and secret

monitoring of electronic communications under paragraph 1 may

relate only to



1. a phone number or address, or a specific

electronic communications equipment during the period

the condition relating to the possession or held by the person

referred to in paragraph 1 or otherwise can be assumed to have been used or come

to be used by him or her, or



2. a phone number or address, or a specific

electronic communications equipment that there is extreme

reason to suppose that the person referred to in paragraph 1 during the

time the State has contacted or will

contact.



Interception or surveillance may not refer to messages

only uploaded or transmitted in an electronic

communications network which, in view of their limited

extent to which and the circumstances in General may be considered by

less important from the point of view of public communication.

Law (2014:1421).



paragraph 3 of the secret surveillance under paragraph 1 may relate only to



1. a place where the person referred to in paragraph 1 may be adopted to come

to reside, or



2. a place where the criminal activities referred to in paragraph 1 of the

likely to be exercised or the near surroundings to this

place. Law (2014:1421).



section 4 Under the conditions provided for in § 1 may permit

be notified to investigate, open and review letters, telegrams, packages

or other items of a transport company.



In the authorization referred to in the first subparagraph, the Court may order the

to an item referred to in the authorization and arriving

to a promotion company shall be detained until the

closer has been studied, opened or examined. The appointment

shall contain a notice of the notice of action

must not be left to the consignor, the consignee or any other,

without the permission of the person who has requested the action.



paragraph 5 of the licence pursuant to this law may be notified only if



1. the action is of the utmost importance in order to prevent such

criminal activities referred to in paragraph 1, and



2. the reasons for the measure outweigh the infringement or otherwise

that means for the operation referred to in paragraph 1 or for any

other opposing interest.



6 § the issue of permits to the coercive measures provided for in paragraphs 1 to 5 are tested

the Stockholm District Court. The issue of the application of

the Prosecutor.



Upon the granting of permits to the provisions on public

representatives of 27 Cape. 26-30 of the code of judicial procedure to be applied.

Law (2014:1421).



6 a section If it can be expected that the commissioning of commercial permits

According to section 6 would result in a delay of the material

importance for the possibilities to prevent the criminal

activities, is authorized to the action is given by the Prosecutor in

pending the decision of the Court.



If the Prosecutor has left conditions referred to in the first subparagraph,

He or she shall, without delay, notify in writing the decision in

the right. In the notification shall set out the reasons for the measure. The right to be

promptly review the case. If the Court finds that there is no

reasons for the action, it shall revoke the decision.



If the Prosecutor's decision has been executed before the Court made a

the examination referred to in the second subparagraph, it shall consider whether it

been reasons for the action. If the Court finds that the absence of

such reasons, the intercepted material not be used in a

criminal investigation against it which have been the subject of

the interception or monitoring, or for someone else

the data relate. Law (2014:1421).



section 7 of the time during which a decision on the permit may

not be determined for longer than necessary and may, in terms of time

After the decision, not to exceed one month from the date of

the decision.



section 8 in a decision on the authorisation of the coercive measures, the

specified

1. which coercive measures may be used,



2. which of the points in paragraph 1(1), 1-7

that is the basis of the permit, and



3. the time during which the permit is valid.



In a decision on the authorisation of the secret interception of

electronic communication or covert surveillance of

electronic communication, it, in addition to the information

is apparent from the first subparagraph, indicated



1. what phone number or other address or what

electronic communications equipment authorization relates, and



2. If the action may be executed outside the publicly available

electronic communications networks.



In a decision on authorization for secret surveillance should,

In addition to the information which follows from the first subparagraph, the place

listed as the State intends.



In a decision concerning the authorisation of coercive measures, it shall, in

There are reasons for this, also in other specified conditions in order to

meet the interest in individual privacy

not be violated unnecessarily. Law (2014:1421).



§ 9 in the secret interception of electronic communications and

covert surveillance of electronic communications, the

technical means needed for the interception or

monitoring may be used. Law (2012:286).



section 10 If there are no longer grounds for a permission to use coercive means according to this law, the public prosecutor or

right terminate the decision for authorization. The police or the security police shall immediately inform the prosecutor about the circumstances of importance for the decision to be lifted.

Law (2014:1421).



section 11 of the Secret interception of electronic communications must not

take place by telephone or other messages where the

manifests itself would not have been able to be heard as a witness, according to 36

Cape. paragraph 5 of the code of judicial procedure the second to sixth paragraphs, if that

has been said, or otherwise disclosed. If it is of

the interception shows that there is such a call

or message, to interception must be discontinued immediately.



Recordings and records from a secret interception of

electronic communications should, to the extent that they are covered

the ban, immediately destroyed. Law (2012:286).



section 12 if the coercive measures used according to this law,

arrived data on other pending criminal

activities than that covered by the authorisation required under paragraph 1, shall

the data can be used to prevent crime.



If it has found data on crime, the data may

be used to investigate the offence only if it is



1. the offences referred to in paragraph 1 or the attempt, preparation or

conspiracy to commit such an offence, if such act is

subject to a penalty, or



2. another offence, if it is prescribed imprisonment for three years or

above for the crime. Law (2014:1421).



section 13 A recording or record made at the

secret interception of electronic communications, secret

monitoring of electronic communications or secret

camera surveillance should be reviewed as soon as possible. Review

may be carried out only by the Court, a Prosecutor, security police

or the police authorities. Following the instruction of the Court, a

prosecutors or any of the said authorities,

the review shall be carried out by a specialist or any other

who has been involved in the case.




Recordings and records shall, in those parts of

importance to prevent imminent violations, remain as

long as it is needed to prevent crime. In the parts

the recordings and the records contain such

data on offences under section 12 may be used to

investigation of criminal offences, they shall be preserved until the preliminary investigation

has been closed or terminated or, if charges are brought,

the case has been settled definitively. They should then be destroyed.



Notwithstanding the second subparagraph, forensic authorities treat

data from recordings and records in accordance with

What is legally required by law if the information concerns

impending crimes or offences referred to in paragraph 12 of the other

paragraph. Law (2014:1421).



paragraph 14 of a shipment covered by the authorization under paragraph 4,

be examined, opened or examined by the Court, a Prosecutor,

The security police or the Police Department. Following the instruction of the

law, a prosecutor or any of those authorities

gets the audit to be performed by an expert or someone

else who has been involved in the case. The shipment will be examined

as soon as possible. When the investigation is complete, a

dispatch of a transport undertaking shall be sent to the

the shipment is addressed to, if the shipment is not included

in the seizure. Law (2014:1421).



section 15 of the decision of the Court in matters of the coercive measures used according to

This Act shall take effect immediately.



The procedure under this law applies the rules in

the code of judicial procedure concerning proceedings in the courts of questions about

coercive measures in criminal proceedings and on appeal of the decision in such

questions, subject to the provisions of this law. The examination shall take place

promptly.



section 16 of The that has been subject to a measure referred to in paragraph 1 of the first

paragraph 7 shall be informed of the action. If the operation is intended

a telephone number or other address, a certain electronic

communication equipment or a seat held by any

else, he or she shall also be informed. In the secret

camera surveillance, however, the holder of a site

the public has access to not be informed.



The notification shall be submitted as soon as possible after the

the action was taken in was closed.



A notice need not be given to those who already have

a part of or access to the data. A notification

need not be disclosed if the given

the circumstances are clearly irrelevant. Law (2014:1421).



section 17 of the notification under section 16 shall include information on

the coercive measures used and the time for action.

At the secret interception of electronic communications and secret

monitoring of electronic communication, notification

also include any phone numbers or other

address or the electronic communications equipment

the operation is intended. In secret surveillance should

the notification also contain an indication of which site

have been monitored. Anyone who has been subject to a measure under

1 paragraph 7 should get the suspicion that

has been the basis for the action. Anyone who is not or has

been suspected to get an indication of this. Law (2014:1421).



section 18 in the case of privacy according to chapter 15. 1 or 2 paragraph 18

Cape. 1, 2, or section 3, or 35. 1 or section 2 of the public

and secrecy (2009:400) for information referred to in section 17,

should a notification under section 16 be postponed until the

Privacy no longer applies.



Is it because of privacy referred to in the first subparagraph shall not

been provided any notice within one year from the

the case in which the action was taken was completed,

the notification be omitted. Law (2009:523).



Transitional provisions



2007:979



1. this law shall enter into force on 1 January 2008 and applies to

december 31, 2010.



2. Authorization for secret wiretapping and secret

communications monitoring of time prior to the decision of the Court may not refer to time

before the entry into force.



2014:1421



1. This law shall enter into force on January 1, 2015.



2. Older regulations apply in respect of the use and

the processing of data by the coercive measures used according to

This law has come up about any other breach or any

other criminal activity than that covered by the State

under the law, if the information was collected before 1

January 2015.