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Law (2007:978) About The Secret Room Eavesdropping

Original Language Title: Lag (2007:978) om hemlig rumsavlyssning

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section 1 With secret room interception referred to in this law, the interception

or enquiry



1. take place in secret and with technical aid which is intended

to reproduce the sound, and



2. refer to figures privately, conversations between other or negotiations

at the meeting or other gathering, that the public does not

have access to.



section 2 of the Secret room interception may be used in the investigation of



1. the offence for which it is not prescribed more lenient punishment

than prison for four years,



2. other crimes if, having regard to the circumstances,

It is assumed that the penalty exceeds prison in four years

and it is a question of



a) trafficking in human beings according to Chapter 4. 1 a of the criminal code,



(b) according to Chapter 6) ERTMAN Article 1, first and second subparagraphs

the criminal code,



c) aggravated sexual coercion under Chapter 6. the third subparagraph of paragraph 2 of

the criminal code,



(d)), in accordance with Chapter 6, ERTMAN against children. paragraph 4 of the first or second

paragraph Penal Code,



e) aggravated sexual abuse of a child pursuant to Chapter 6. section 6, other

paragraph Penal Code,



f) coarse exploitation of children for sexual posing under 6

Cape. the third paragraph of section 8 of the Penal Code,



g) aggravated pandering in accordance with Chapter 6. section 12, third paragraph

the criminal code,



h) aggravated extortion under Chapter 9. section 4, second subparagraph

the criminal code,



in roughly 16 child pornography) under the Cape. 10 a of the fifth

paragraph Penal Code,



j) aggravated assaults in legal proceedings under Chapter 17. section 10 other

paragraph Penal Code,



k) serious narcotics offences under section 3 of the Narcotic Drugs Act

(1968:64), or



l) serious drug smuggling under the third subparagraph of paragraph 6 of the law

(2000:1225) about the penalties for smuggling,



3. the attempt, preparation or conspiracy to commit such an offence

referred to in paragraph 1 or 2, if such an offence is subject to a penalty

and having regard to the circumstances, it can be assumed that

gärningens penalty exceeds imprisonment for four years.

Law (2010:402).



paragraph 3 of the Secret room interception may be used only if



1. someone is reasonably suspected of such an offence referred to in

section 2,



2. the measure is of extreme importance for the investigation, and



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

as the means of the accused or of any other

opposing interest.



section 4 of the Secret room interception may only relate to a location where it

There is particular reason to assume that the suspect will

reside. Does the measure apply to any other habitual residence

than the suspect's residence, the secret room eavesdropping be used

only if there is a particular reason to assume that the

suspect will reside there.



Secret room eavesdropping may not concern



1. a place habitually used or are particularly

intended to be used for activities for which professional secrecy

in accordance with Chapter 3. 3 § tryckfrihetsförordningen or Chapter 2.

paragraph 3 of the freedom of expression,



2. such a place as permanent are used or are particularly

intended to be used for the activities of lawyers,

doctors, dentists, midwives, nurses, psychologists,

psychotherapists or family adviser under social services law

(2001:453), or



3. such a place as permanent are used or are particularly

intended to be used by priests in religious communities or by them,

that has equivalent status in such a society, of confession

or individual pastoral care.



paragraph 5 of the Secret room eavesdropping may not refer to calls or other speech

where someone manifests itself, on the basis of the provisions of chapter 36.

paragraph 5 of the second-sixth subparagraphs code of judicial procedure, would not have

been able to be heard as a witness of what has been said or on other

way to light. If it can be shown that there is room for interception

in case of such a call or such talk,

the interception must be discontinued immediately.



A recording or record that contains the conversation or speech

that may not be covered by the secret room eavesdropping, in these

parts immediately destroyed.



section 6 in the secret room eavesdropping, the Executive

authority, after special permission, secretly prepare

access to and install assistive technology on a site

that would otherwise be protected against infringement. Such a State may only

refer to the place which should be listened to.



section 7 questions about secret room eavesdropping be reviewed by the Court after

application by the Prosecutor. In dealing with the

provided in Chapter 27. sections 26 and 27, 28 § first and third

the paragraphs and sections 29 and 30 judicial procedure.



section 8 A decision to allow secret room eavesdropping should contain

information about who is reasonably suspected of the crime and the

site licence terms. If the condition is associated with a

special permit under section 6, to get access to the site

to install the technology, shall specify in particular in

the decision.



The decision shall also specify during which time the State

apply. The time may not be determined for longer than necessary and may

not exceed one month from the date of the decision. The right to be

also in other respects impose conditions to meet the interest

of that individual's personal integrity is not needlessly violated.



9 § resolution on the Executive of the secret room eavesdropping,

inconvenience or damage caused beyond what is strictly

necessary.



section 10 If there are no more reasons for a decision on secret

the room eavesdropping, the Prosecutor or court immediately terminate

the decision.



section 11 If a technical aid has been installed with the support of

a permit under section 6, shall be withdrawn or means

inoperable as soon as possible after the time of

the permit has expired or the State lifted.



section 12 if at the secret room eavesdropping have concluded data

If a different offense than the one that has been the basis for the decision

If the secret room eavesdropping, the data may be used to

investigate the crime only in the case of such crimes

referred to in paragraph 2.



If it has come out in support of the impending crime,

the data can be used to prevent crime.



section 13 A recording or record made in secret

the room eavesdropping should be reviewed as soon as possible. In the case of such

review applicable 27 Cape. 12 section

the code of judicial procedure.



Recordings and records shall, in those parts of

significance for the investigation of offences referred to in paragraph 2, shall be kept to

its investigation has been closed or terminated or, if

prosecution has been brought, the case has been settled definitively. In the parts

the recordings and records relevant to

prevent the impending breach, they remain as long as needed

for this purpose. They should then be destroyed.



Notwithstanding the second subparagraph, forensic

authorities process data from recordings and

records relating to the offences referred to in section 2 or imminent

crime in accordance with what is legally required by law.



section 14 of the decision of the Court in questions about the secret room eavesdropping,

immediately enforceable.



In the matter of the appeal of the decision of the Court under this Act

apply the provisions of the code of judicial procedure of appeal against

the Court's decision in criminal proceedings in respect of an action referred to in 25-

28 Cape. the same beam.



section 15 of the one who is or has been suspected of a crime,

be notified of secret room interception that he or she has

been exposed to. If the interception has intended a seat held by

someone other than the suspect, the holder shall also

be informed. In the case of such notification, the time of

the notification and exemption from notification

apply 27 Cape. the second and third paragraphs of section 31, 32 and 33 § §

the code of judicial procedure. The notification shall also include

the place of action.



By way of derogation from the first subparagraph if the notice to owner

of the intercepted location does not apply if the public has

access to the site.