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Regulation (2005:501) On The Recognition And Enforcement In The European Union By The Standstill Decision

Original Language Title: Förordning (2005:501) om erkännande och verkställighet inom Europeiska unionen av frysningsbeslut

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Chapter 1. General provisions



Article 1 this regulation lays down provisions on the application of

Act (2005:500) on the recognition and enforcement in

The European Union of the injunction.



section 2 of the concepts contained in this regulation has the same

meaning as in the Act (2005:500) the recognition and

enforcement in the European Union by injunction.



Chapter 2. Transmission of the injunction from Sweden



Intelligence in relation to a standstill decision is communicated



(1) the Prosecutor shall inform the bailiff before a

injunction aimed at ensuring the enforcement

by a Swedish confiscation order transmitted to another

Member State. If there is danger in delay, the Prosecutor

transmit the freezing injunction without enforcement authority has

been informed. Notification shall instead be made after

the injunction has been transmitted. Regulation (2011:577).



Form requirements for the transmission of a standstill decision



section 2 A standstill decision transmitted from Sweden,

be accompanied by a certificate established in accordance with the annex

Council framework decision 2003/577/JHA of 22 July 2003 on

the execution in the European Union of orders freezing

property or evidence.



The certificate shall be translated into the languages of the other State or

into a language that the State have declared that they accept.



Notification of the injunction amended or repealed



3 § If an injunction which has been transmitted from Sweden

amended or repealed or if under prosecution by other

reasons not to the injunction is enforced in

the second Member State, the Prosecutor shall immediately inform the

the other State authority on this.



The subsequent procedure



section 4 an application under the Act (2000:562) on international

legal assistance in criminal matters for surrender to Sweden by

property covered by an injunction or an application

under the Act (1963:193) on cooperation with Denmark, Finland,

Iceland and Norway concerning the enforcement of sentences, etc., or

Act (1972:260) for international cooperation on

enforcement of criminal enforcement abroad of

forfeiture decisions relating to property that is the subject of a

injunction in connection with, or as soon as

possible after an injunction has been transmitted.



The same applies for a confiscation order to be sent over

to another Member State in the European Union

enforcement under the law (2011:423) on the recognition and

execution of confiscation orders in the European

Union.



An application referred to in the first subparagraph shall include information on

the injunction, and on what authority the freezing injunction

has been forwarded to. Regulation (2011:577).



4 a of the Prosecutor shall immediately inform the enforcement authority when a confiscation order that relates to property covered by an injunction has been granted. Regulation (2011:577).



Chapter 3. Recognition and enforcement in Sweden of the

the standstill decision



Consultation and notification in conjunction with the Prosecutor's examination



§ 1 If an injunction that has been sent to Sweden for

recognition and enforcement of decisions relating to an act of

tryckfrihetsförordningens or freedom of Constitution

areas, shall consult with the Prosecutor and, where necessary, obtain

opinion from the Attorney General.



section 2 of the public prosecutor shall inform the other Member State

authority if there are obstacles to notify a

enforceability or if there is any reason to shoot

up the execution. The reasons for the decision shall be given.



section 3, If it is clear that an application referred to in Chapter 3. 18

or section 19 of Act (2005:500) on the recognition and enforcement

within the European Union of the injunction will not

to be accepted, the Prosecutor shall notify the other

authority of the Member State.



Consultation and notification in case of enforcement of a

the standstill decision



section 4 If the public prosecutor finds that an injunction is

enforceable in Sweden, the Prosecutor shall consult with the

Government agency in Sweden responsible for enforcement of the

freezing injunction, unless it is clear that there is no

need for consultation.



§ 5 If the property has been taken into custody pursuant to Chapter 3. section 11 of the Act

(2005:500) on the recognition and enforcement in the European

the Union of the injunction, the Prosecutor shall promptly

inform the enforcement authority whether the repository.



section 6 of the authority in Sweden who has executed a

the freezing order shall promptly notify the Prosecutor when

the execution has taken place.



section 7 Of the Government agency in Sweden responsible for

the execution of the freezing injunction notes that the property

cannot be found here, or for any other reason not

is possible to effectuate the freezing injunction, the authority

inform the Prosecutor.



section 8 of the public prosecutor shall inform the other Member State

authority when the execution has taken place. The Prosecutor shall, in

connection with the notice calling on the authority to send a

applications as referred to in Chapter 3. 18, or section 19 of Act (2005:500) if

recognition and enforcement in the European Union of

injunction direct to the Prosecutor or to inform

the Prosecutor when such an application is made.



section 9 is repealed Before a declaration of enforceability pursuant to Chapter 3.

14 section 1 or 2 Act (2005:500) on the recognition

and enforcement in the European Union by injunction,

the Prosecutor shall consult with the other Member State authority.



Consultation in connection with the Court



section 10 Of the prosecution has been given the opportunity to be heard under 3

Cape. the fourth paragraph of section 17 of the Act (2005:500) the recognition and

enforcement in the European Union by injunction,

the Prosecutor shall consult with the other Member State authority,

unless it is clearly unnecessary.



Notifications by the withdrawal of a declaration of enforceability



section 11 of The that has annulled a declaration of enforceability shall

without delay inform the competent authority in Sweden responsible

for the enforcement of the injunction.



The Prosecutor shall inform the other Member State authority

When a declaration of enforceability has been suspended.



Intelligence and information on appeal



section 12 of the enforcement authority shall notify the Prosecutor of its

decision on enforcement takes place in accordance with Chapter 3. 6 § 2

Act (2005:500) on the recognition and enforcement in

The European Union of the injunction appeal

the enforcement provisions of the beam.



section 13, the Prosecutor shall inform the other Member State

authority if an appeal is made pursuant to Chapter 3. section 20 of the Act

(2005:500) on the recognition and enforcement in the European

Union of injunction or if enforcement takes place

According to Chapter 3. 6 § 2 same team appeal

the enforcement provisions of the beam. The other State authority

shall also be informed of the outcome of any such appeal.



section 14 of the Most affected by a freezing decision recognised

and enforced in Sweden shall, where possible, be informed

of the Prosecutor that the injunction may be appealed only in

the second Member State. This information shall contain the

information provided by the other State authority in question

If the appeal of the injunction.



The Prosecutor shall at the request of the affected may notify the other

State authority if the injunction may be

subject to appeal.



Notifications in connection with the consideration of a question of

enforcement in Sweden of a foreign confiscation decision



section 15, When a decision on confiscation as referred to in Chapter 3. § 19

first subparagraph, Act (2005:500) the recognition and

enforcement within the European Union of the standstill decision

submitted to the bailiff or Attorney-General, shall

Bailiff or Prosecutor shall inform the

Court pursuant to Chapter 3. paragraph 17 of the same law,

determined Prosecutor's enforceability. If the decision

on confiscation has entered into enforcement authority, shall

Enforcement authority shall notify the Prosecutor who has announced

of enforceability pursuant to Chapter 3. section 4 of the Act

(2005:500) on the recognition and enforcement in the European

the Union of the injunction.



If the Prosecutor General asking for the Stockholm District Court trial

According to 9 and 35 of the Act (1972:260) for international

cooperation on enforcement of a criminal judgment, a

notification referred to in the first subparagraph, instead take place in

When the Attorney General requests that the Court referred to

in the first paragraph, submit the case to the Stockholm

District Court. Regulation (2011:577).