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Law (2006:1329) Concerning Trade In Certain Goods Which Could Be Used For Capital Punishment Or Torture, Etc.

Original Language Title: Lag (2006:1329) om handel med vissa varor som kan användas till dödsstraff eller tortyr, m.m.

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Scope of application



section 1 of this law contains additional provisions applicable to the

Council Regulation (EC) no 1236/2005 of 27 June 2005

trade in certain goods which could be used for capital punishment, torture

or other cruel, inhuman or degrading treatment or

punishment.



Penalty



section 2 of the regulations on penalties for the illegal import and export of

such goods covered by Regulation (EC) no 1236/2005

of the Act (2000:1225) of punishment for smuggling.



section 3 of The who without necessary permission provides or takes

receive technical assistance in breach of articles 3 and 4 of the

Regulation (EC) no 1236/2005, shall be liable to a fine or imprisonment

a maximum of two years.



If the crime is considered aggravated term of imprisonment of not less than six

months and a maximum of six years.



In assessing whether the offence is aggravated, the particular

be taken into account if the deed entered into as part of a crime

been pursued systematically or on a larger scale.



4 § the recklessly commits an act referred to in paragraph 3 of the

shall be liable to a fine or imprisonment of up to two years.



If the offence is minor, it shall not give rise to liability.



5 § for attempted offences under section 3(1) and

attempt, preparation and conspiracy to commit felony pursuant to paragraph 3 of the

the second paragraph is sentenced to liability under Chapter 23. the Penal Code.



Forfeiture



section 6 unless it is patently unreasonable, the following property

be declared forfeited:



1. the property which was the subject of an offence under this Act, or

the value of such property,



2. Exchange of offences under this law, and



3. what someone has received as compensation for costs incurred in

connection with an offence under this Act, or the value of the

received, if the receipt constitutes offences under this Act.



Property referred to in the first subparagraph 1 or a special right

to property may not be declared forfeited, if the property or

right after the crime has been acquired by someone who has not had

knowledge, or reasonable grounds to believe that the property had

connection with the crime. In case of forfeiture referred to in the first subparagraph 1

do not apply the provisions of chapter 36. paragraph 5 of the first and second

the paragraphs in the Penal Code concerning whom the confiscation may take place, if

the forfeiture relates to property.



section 7 of the property that has been used as a tool for crime under

This law may be declared forfeited, if the forfeiture is needed

to prevent offences under this Act or otherwise

special reasons. The same applies to property which has been designed

to be used as a tool for offences under this Act, if

the crime was completed or if the procedure has been a

punishable attempt or a criminal preparation or

stamping. Instead of the property gets its value explained

forfeited. In chapter 36. 5 and 5 (b) of the criminal code, see

provisions on confiscation and with whom may be on special

the right to forfeit property.



Instead of forfeiture of the property or its value,

the right to decide that any action taken with the property that

prevents further abuse of it. In such cases, however,

also part of the value of the property is declared forfeited.

Law (2008:375).



Storage and storage costs



section 8/expires U: 2016-05-01/

Goods that are detained by order of the customs service in accordance

with article 10(2) of Regulation (EC) no 1236/2005 shall be kept

on reliable manner and under customs supervision.



It is said in Chapter 3. section 8 and Chapter 4. Article 9 of the Customs Act (2000:1281)

If temporary storage and customs warehouse also applies in the case of the

detention of goods customs service decides in accordance with the first

paragraph. The customs service must also approve a change of

storage place for a retained.



The who has put up an article on a temporary storage facility or on

a bonded warehouse is responsible for storage cost, even when the goods

retained by the Customs Office referred to in the first subparagraph. However, if the

Customs Service decides to shelf rather than the

According to the customs legislation is the debtor or would have been

debtor if the product has been subject to customs duties, be responsible for

storage cost.



If necessary to ensure payment of the customs service

decide that the goods have been detained pursuant to the first subparagraph

not be disclosed until the Customs Authority's costs for storage

has been replaced or secured for them.



The Government or the authority that the Government may

provide for the provision of security for customs

costs for storage in accordance with this Act.



section 8/shall enter into force in: 2016-05-01/

Goods that are detained by order of the customs service in accordance with article 10(2) of Regulation (EC) no 1236/2005 shall be stored in a reliable manner and under customs supervision.



It is said in Chapter 3. section 7 of the Customs Act (2016:253) If a facility for temporary storage and warehousing exists also applies in the case of detention of goods to the Customs Service decides in accordance with the first paragraph. Customs may also accept a byte of storage place for a retained.



The who has put up an article on a farm for temporary storage or in a bonded warehouse are responsible for storage cost, even when the goods detained by the customs service under the first subparagraph. However, if Customs decides instead to the shelf as provided for in the customs legislation is a debtor or obligor would have been if the product has been subject to customs duties, be responsible for the cost of storage.



If necessary to ensure payment to the Customs decide that goods have been detained pursuant to the first subparagraph must not be left out until the Customs Authority's costs for storage has been replaced or secured for them.



The Government or the authority that the Government may provide for the provision of security for the Customs Service's costs for storage in accordance with this Act. Law (2016:282).



Appeal



§ 9 decision on licensing issues given by

Trade pursuant to Regulation (EC) no 1236/2005

be appealed to the administrative court. The same applies to

decisions taken by the customs service has notified under article

10 (2) of Regulation (EC) no 1236/2005 or by virtue of section 8 of this

team.



Leave to appeal is required for an appeal to the administrative court.