1 Cape. General provisions



section 1 of this Act contains provisions for the implementation of

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

the execution in the European Union of the decision on the freezing of

property or evidence.



2 § With standstill decision referred to in this law



1. an attachment order in accordance with chapter 26. the code of judicial procedure, which

refers to the value of the forfeited property, or a decision on seizure

According to Chapter 2. section 1 of this Act,



2. a decision has been issued by a judicial authority in a

Member State of the European Union in connection with a

criminal proceedings, with a view to temporarily prevent

destruction, change, move, transfer or transfer

of property in the State may be subject to confiscation or

constitute evidence, and which has been sent to Sweden for

recognition and enforcement.



section 3 of the Government or the authority, as the Government determines

Announces detailed rules on the application of this law.



Chapter 2. Decision in Sweden about attachment and seizure under this Act

and transmission from Sweden of the standstill decision



Decision in Sweden if the seizure under this Act



1 § Prosecutor may, under the conditions set out in Chapter 27.

paragraph 1 and 2 and 3 of the code of judicial procedure, decide on

the seizure of objects, that may reasonably be expected to be relevant to the

a description of the crime or be forfeited for violation of and

likely to be found in another Member State in

The European Union, without prejudice to the subject-matter is not

available at the decision. Such a decision shall not

enforced in Sweden.



What's in this chapter about the subject shall also apply to the

the case of the document.



The transmission of the standstill decision



section 2 A standstill decision pursuant to Chapter 1. 2 § 1 transmitted from

Sweden to a Member State of the European Union for recognition

and enforcement are sent by the Prosecutor directly to a competent

authority of the other State.



The subsequent procedure



3 § When a decision on seizure referred to in paragraph 1 have been carried out in

the second Member State shall apply the following provisions of the 27

Cape. the code of judicial procedure:



paragraph 6 of the Court's review,



section 7 of the time for bringing a prosecution,



paragraph 8 of the first and fourth subparagraphs of the lifting of the seizure,



section 11 of the notice, and



section 13 of the Protocol and on the right of the victims of a

seizure to obtain evidence about the seizure.



If an item seized under section 1 shall be forwarded to

Sweden, shall be taken into the custody of the Prosecutor and shall be deemed to be

taken in the seizure in accordance with the code of judicial procedure.



Even if the object has not been handed over to Sweden when the target

is determined, the right to the application of 27 Cape. paragraph 8 of the fifth

subparagraph, the code of judicial procedure whether seizure should still

persist.



3 a § Law may, at the request of the Prosecutor, in a judgment order

that an attachment order to security for

confiscation shall remain in force for some time after the decision has

becomes final, but not until the decision on the

forfeiture has been carried out in the other State. Law (2011:424).



4 of the Act (2000:562) on international legal assistance in

criminal matters provides for the procedure for the application for

surrender to Sweden of property which is the subject of a

standstill decision transmitted pursuant to section 2.



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

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

Act (1972:260) for international cooperation on

enforcement of criminal conviction and the law (2011:423) if

recognition and execution of confiscation orders in the

The European Union provides for the procedure for

the enforcement abroad of the confiscation decision, relating to the

property subject to a standstill decision transmitted

According to section 2. Law (2011:424).



3 Cape. Recognition and enforcement in Sweden of the

standstill decision



Introductory provision



1 § A standstill decision in another

Member State of the European Union shall be recognised and enforced

in Sweden in accordance with the provisions of this chapter.



How the case begins



section 2 A standstill decision should be addressed directly to the competent

prosecutors. Freezing order shall be accompanied by a certificate which is

drawn up in accordance with the annex to the framework decision.



Standstill decision and the certificate shall be forwarded in writing

by mail, courier or facsimile. With the agreement of the

individual case, however, the transmission take place otherwise.



Certificate



section 3 of the certified statement referred to in section 2 of the first subparagraph shall be written

in Swedish, Danish, Norwegian or English or be accompanied by a

translation into one of those languages.



If the certificate is missing or to form or content is so

flawed that it is not without significant inconvenience can be added

the basis for the examination of the question of enforceability shall

the Prosecutor, give the other Member State authority the opportunity to

within some time come in with completion.



Declaration of enforceability



section 4 If a standstill decision is enforceable in Sweden, shall

the Prosecutor announce a declaration of enforceability.



paragraph 5 of the Declaration of enforceability shall be granted



1. If the certificate is missing or to form or content is so

flawed that it is not without significant inconvenience can be added

the basis for the examination of the question of enforceability,



2. If such a declaration would be contrary to the rules on

privileges and immunities,



3. If freezing the decision relates to a written document or a

written notice and in accordance with Chapter 27. section 2 of the

the code of judicial procedure had been obstacles to taking action

or message in the seizure, or



4. in the case of Sweden has notified the Court, prosecution failure

or penalty warning for the facts which in the other

Member State is the subject of criminal proceedings in

the standstill decision is handed down. Law (2015:86).



Other issues raised in a declaration of enforceability



section 6, the Prosecutor shall specify that Declaration of enforceability

freezing order shall be enforced



1. in accordance with Chapter 27. 10-13 of the code of judicial procedure, if

freeze the decision relates to an object or a document

that may reasonably be expected to be relevant to the investigation of crimes

or be due to crimes forfeit, or



2. that an attachment order in criminal proceedings, whether the standstill decision

refers to the value of forfeited property.



section 7 Of the second Member State authority has requested that a

specific procedure shall apply when a standstill decision

enforced under section 6 1, the Prosecutor in

Declaration of enforceability indicate that the requested procedure

shall apply. However, this does not apply if the procedure goes

on basic principles in the Swedish legal system.



Deadline for implementation



section 8 A standstill decision is enforceable in Sweden,

be implemented as a matter of urgency and, if possible, within 24 hours of

the Prosecutor received the order and the certificate referred to in section 2 of the

the first paragraph.



Postponement of execution



9 § the Prosecutor may determine that execution of a

standstill decision is suspended for a fixed period



1. If enforcement could harm an ongoing investigation

If the offence, or



2. If the standstill decision relates to property in another

criminal proceedings are taken in the seizure or subject to

attachment.



The Prosecutor may extend the set time.



The procedure for enforcement



section 10 When a standstill decision shall be enforced under section 6 1,

the search warrant, strip search or body inspection

in accordance with the rules laid down in Chapter 28. the code of judicial procedure.



If freezing the decision relates to an item that is expected to come in

to a promotion company, the Prosecutor may request the Court's

writ of the shipment when it arrives, the

held until the execution has taken place.

The provisions of Chapter 27. paragraph 9, third subparagraph

the first sentence of the code of judicial procedure shall apply.



Searches may be made in accordance with the first subparagraph and a shipment

may be detained in accordance with the second subparagraph, even if the facts which

standstill decision does not correspond to the crime under Swedish law,

If the offence can be sentenced to imprisonment in the second

the Member State.



11 § When a standstill decision shall be enforced under section 6 2,

Prosecutor take movable property in the custody of its standstill decision

has been executed.



section 12 of the police, the customs service and the coast guard shall

assist the Prosecutor when a standstill decision shall be enforced

According to section 6 1 and when property is to be taken into custody under section 11.



The Prosecutor's access to records



section 13 the Prosecutor shall at the investigation and trial of cases

According to this law have access to data from

load table and suspicion the registry as

provided access to such data in the business of

Public Prosecutor's Office for investigation and prosecution.



Withdrawal of a declaration of enforceability



section 14 of the public prosecutor shall revoke a declaration of enforceability



1. If it is found that a decision to freeze funds must not be

enforced in Sweden,



2. If the property cannot be found here, or



3. If the application for recognition and enforcement of a

standstill decision is revoked.



The Prosecutor shall not revoke a declaration of enforceability after

to a standstill decision has been enforced and

Declaration of enforceability piloted by rättten.



If the public prosecutor invalidates a declaration of enforceability shall

enforcement measures made return.



Motivation of decisions



15 § the Prosecutor's decision not to suspend or to revoke a

enforceability or to postpone

enforcement shall contain the reasons for the decision.



Examination of the



16 § When a standstill decision has been executed, the Prosecutor

promptly request the Court's examination of

Declaration of enforceability. Competent, each district court within

the area where the freeze decision has been carried out or, if several

standstill decision has been executed, a District Court within whose

judicial district any of the standstill decisions have been carried out.



At processing of applicable rules of judicial


proceedings in criminal matters, subject to the provisions of this law.

The District Court shall hold a hearing may take place

the case, if a hearing would not miss

relevant to the trial. At a hearing shall apply

the provisions of Chapter 24. 17 section the code of judicial procedure.



section 17 of the law sets out the Prosecutor's

enforceability, the straight-ten determine how long

the execution of the freezing order shall be continued. Law,

extend the set time. If there is no longer

sufficient grounds for enforcement of the standstill decision

shall be made up, the Declaration of enforceability to be repealed by

the right.



If a declaration of enforceability is annulled, the

enforcement measures made return.



When the law determines how long the execution of

freezing order shall be allowed the right to impose conditions

is needed for the sake of individual's right or which is

necessary from the general point of view.



The right may not change a decision referred to in the first subparagraph, or

a condition that has been set in accordance with the third paragraph without

the Prosecutor, been given the opportunity to comment.



The subsequent procedure



section 18 an application for transfer of property which is the subject of

enforcement under this law are dealt with and tested according to

Act (2000:562) on international legal assistance in criminal matters.

Any decision on seizure shall be granted in such a case.



On the right in this case resolves to the property shall

be surrendered to the requesting State, the Court shall at the same time

consider whether the execution of the freezing order shall consist of

its decision to surrender has been executed.



19 § enforcement in Sweden of a confiscation order

of property that is the subject of enforcement under this law

processed and tested according to law (1963:193) on cooperation with

Denmark, Finland, Iceland and Norway regarding the enforcement of

penalties, etc., according to the Act (1972:260) for international

cooperation on enforcement of criminal conviction or under

Act (2011:423) on the recognition and enforcement of decisions on

forfeiture within the European Union. Any decision on seizure

or attachment to be granted in such a case.



An application or a confiscation order under the first

subparagraph shall be sent to the public prosecutor who has dealt with the matter

According to this law. The Prosecutor shall



1. pass the confiscation order to the

The Swedish Enforcement Administration, if the decision has been sent over by a

authority of another Member State in accordance with the law (2011:423) if

recognition and execution of confiscation orders in the

The European Union,



2. forward the application to the Swedish enforcement authority if

application is made by an authority in Denmark or Finland

According to law (1963:193) on cooperation with Denmark, Finland,

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



3. forward the application to the Department of Justice, if

application has been made under the Act (1972:260) for international

cooperation on enforcement of criminal conviction.



If the right in a case referred to in the second subparagraph 3 decides to

property shall be declared forfeited, to the right at the same time consider whether

the execution of the standstill decision shall be composed until the

the confiscation order becomes final. Law (2011:424).



Appeal against the decision of the Court



section 20 By the decision of the appeal in accordance with §§ 16 and 17

as well as of the decisions provided for in §§ 18 and 19, as regards the issue of

the execution of the freezing order shall be applied

the provisions of the code of judicial procedure on appeals court

decisions concerning an action referred to in 25-28 Cape. the same beam.