Prosecutor's Regulation (2004:1265)

Original Language Title: Åklagarförordning (2004:1265)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
General provisions



section 1 of the prosecution service includes the Prosecutor's Office and

The Swedish national economic crimes Bureau.



Basic provisions on the Prosecutor General

and if the prosecution can be found in the code of judicial procedure. Additional

provisions in the Ordinance (2007:971) with instruction

for the Prosecutor's Office and in the Ordinance (2007:972)

instruction for the Swedish national economic crimes Bureau. Regulation (2007:973).



1 a of/expire U:2016-01-01 by Regulation (2015:746)./Public Prosecutor shall promote coordination and

efficiency within the prosecution service in order to maintain a

consistent and coherent public prosecution activity in the country.



The Prosecutor's Office and the Swedish national economic crimes Bureau, in consultation

determine and continuously develop modalities for interaction between

authorities. Regulation (2007:973).



1 b of the public prosecutor's Office may, after consultation with the

The Swedish national economic crimes Bureau, advise the instructions needed

to achieve the coordination, efficiency, consistency and

consistency in prosecutorial activities.



The Prosecutor's Office, when it announces regulations be deleted from

to the Swedish national economic crimes Bureau is an independent agency under the

the Government. Regulation (2007:973).



2 §/expires U: 2016-01-01-the Attorney General shall, as Chief Prosecutor for the Government,

promote legality, consistency and coherence in the

prosecutors in law.



The Prosecutor General is responsible for ensuring that the public prosecutor's Office announces the

regulations, guidelines and other guidelines and

instructions that are needed to achieve consistency and

consistency at prosecutors ' errors of law.

Regulation (2007:973).



2 section/entry into force: 01/01/2016/Attorney General is responsible for prosecuting authority announcing the regulations, guidelines and other guidelines and instructions necessary to achieve uniformity and consistency in the prosecutors ' in law.

Regulation (2015:746).



General eligibility rules



The Attorney General, the Deputy Prosecutor General and Deputy Prosecutor



paragraph 3 of the provisions on the Prosecutor and Deputy Prosecutor General's

information which the Prosecutor can be found in the code of judicial procedure.



Attorney-General for prosecution perform tasks in case to be found in

public prosecution, but not in the case of offences committed in service

of the Cabinet Minister, justice, ombudsman, the Chancellor of Justice

or a person who performs Prosecutor General's service.

Regulation (2010:1808).



section 4 of the Attorney-General may appoint Deputy Public Prosecutor at

the State Prosecutor's Office. These prosecutors, to the extent

the Prosecutor General decides to perform the prosecutorial information

the Prosecutor General may carry out. However, they may not bring or

pursue criminal charges in the Supreme Court. Deputy Prosecutor may

also don't make decisions on behalf of the Prosecutor in cases

is of interest or principle of greater weight or that of

any other reason should be determined by the Attorney General.

Regulation (2007:973).



/Rubriken expires U: 2016-01-01/Chief Prosecutor, Deputy Prosecutor and heads of prosecution Chamber



§ 5/expire U:2016-01-01 by Regulation (2015:746)./Överåklagares and Deputy överåklagares responsibilities and

tasks at the Prosecutor's Office is determined by the

the Prosecutor General. The Prosecutor General appoints the prosecutors at the Agency

to serve and be directors of public prosecution Chamber.



Överåklagares and Deputy överåklagares responsibilities and

tasks for the Swedish national economic crimes Bureau is determined by the head of

The Swedish national economic crimes Bureau. The Manager of the Swedish national economic crimes Bureau appoints

prosecutors at the Agency to serve on and be managers for

prosecution Chamber. Regulation (2005:669).



Prosecutorial jurisdiction



section 6 of the public prosecutor in the prosecution service may carry out the tasks of the public prosecutor

all over the country. Regulation (2007:973).



Assistant Prosecutor and additional prosecutors



section 7 at the public prosecutor's Office, there is Assistant Prosecutor

undergoing basic training of State Prosecutor. These prosecutors may

perform the prosecutorial tasks carried out by public prosecutor

unless the public prosecutor's Office decides otherwise. Assistant Prosecutor

must not be assigned to tasks which require special

experience. They must not be assigned duties in

greater extent than that is consistent with the training they

undergoes.



section 8 of the public prosecutor's Office may order additional prosecutors to perform

tasks to be performed by prosecutors at the Agency.

The same applies in the case of the Swedish national economic crimes Bureau

Prosecutor's information at the Agency.



§ 9 paragraph 11 a New designation by Regulation (2008:973).



Special jurisdiction



section 10 Only public prosecutors may decide



1. If the prosecution failure according to Chapter 20. the second subparagraph of paragraph 7

the code of judicial procedure and the withdrawal of such

the failure of prosecution, and



2. not to initiate or discontinue an investigation of such

cases referred to in Chapter 23. 4 (a) in paragraph 1

the code of judicial procedure. Regulation (2012:168).



section 11 Only the Attorney General, Deputy Attorney-General, Chief Prosecutor,

Deputy Chief Prosecutor, the Chief Prosecutor and Deputy Chief Prosecutor may



1. perform the Prosecutor's tasks in the field of bevistalan, and



2. deal with questions of liability for offences under the regulation

(2014:1106) on the handling of cases of crimes of

employees in the police and some other executives.



In the case referred to in the first subparagraph 2 may, however, other prosecutors

take such measures as not without danger can be postponed.

Regulation (2014:1166).



Delegation to workers other than the accuser



11 a of the Chief Prosecutor and the Chief Prosecutor, who is the Chamber Director,

order the worker who is not a prosecutor but which has

sufficient experience on its own responsibility



1. following the decision of prosecutors in each specific case in

observations as required in cases involving penalty warning and

the failure to prosecute,



2. sign and dispatch notifications and messages,



3. the discharge authority's prosecutorial or

notification obligations with the exception of notifications

According to



a) section 18 of the Act (1964:167) with special provisions for young

offenders,



b) 1 § Ordinance (1994:1763) with specific provisions on the

young offenders, and



c) 3 and 4 of the Regulation (1964:740) with provisions for

prosecutors in certain criminal cases,



4. collect the information referred to in paragraphs 3 and 5

Ordinance (1994:1763) with special provisions for young

offenders,



5. following the decision of prosecutors in each specific case in

opinions referred to in paragraph 1 of the Act (1990:2041) on special

personal investigation in criminal matters, etc.,



6. sign and expedite summonses and subpoenas, and



7. perform other duties at the handling of the case

or cases that are not under the law

must be carried out by the Prosecutor. Regulation (2015:90).



Obligation to carry out the mission



section 12 of The public prosecutor is obliged to accept the mission to

awaken and carry out prosecutions taken by the Attorney General or a

ombudsman and otherwise leave the help they require.

Regulation (2007:973).



On-call and emergency preparedness



paragraph 13 of the prosecution service parts, after consultation with the

The Swedish national economic crimes Bureau, the Government prosecutors for on-call and

emergency service.



Assistant prosecutors shall not be divided for such a service.

Regulation (2007:973).



14 repealed by Ordinance (2007:973).



Employment and training



section 15/expire U:2016-01-01 by Regulation (2015:746)./public prosecutor decides on employment of

Chief Prosecutor, Deputy Prosecutor, Chief Public Prosecutor, Deputy

Chief Prosecutor and Prosecutor at the Agency. Employment

such prosecutors in the Swedish national economic crimes Bureau decided by the

authority. Decision on the appointment of the Chief Prosecutor and Deputy

Chief Prosecutor at the Swedish national economic crimes Bureau, however, may be taken only

After obtaining the opinion of the Attorney General.



The Prosecutor's Office Appoints national Member, associate and

Assistant national Member and the national expert for

Sweden at Eurojust.



Provisions on the employment of assistant prosecutors

District Prosecutor in some cases, see paragraphs 19 and 20.

Regulation (2012:473).



16 § only those who are or have been employed as a

District Prosecutor must be appointed as the Chief Prosecutor and Deputy

Chief Prosecutor. The same applies for employment as

District Prosecutor in other cases than those referred to in section 20.



section 17 of The who have completed a law degree in accordance with annex II to

the higher education Ordinance (1993:100) or the equivalent older exam

and acquired law clerk may be accepted as prosecuting aspirant.



With Swedish law degree assimilated completed legal education

as for the most part have taken place in Denmark, Finland, Iceland

or Norway. If this training is more than one year shorter than

the Swedish study, the applicant shall undergo

continuing education completed by a proficiency test.

Regulation (2007:387).



section 18/expire U:2016-01-01 by Regulation (2015:746)./public prosecutor decides on employment for

any service can be counted on to consumers as a law clerk.

There are provisions on crediting of such

service in the notarial Regulation (1990:469).



19 § Training for prosecuting aspirants must include at least nine

and less than 12 months probation. The public prosecutor's Office

decides at the end of the test and forwarded to prosecuting the aspirant

shall be employed as an Assistant Prosecutor.



20 § training of assistant prosecutors shall include two years of

service as such prosecutors. The public prosecutor's Office decides

at the end of training if the Assistant Prosecutor shall

be appointed as public prosecutor.



section 21 of the prosecuting authority may grant a derogation from the


eligibility requirements for the Chief Prosecutor, Deputy

the Chief Prosecutor, District Prosecutor or Assistant Prosecutor except in

question about the requirements of the law degree or the equivalent older exam

and law clerk. Regulation (2007:387).



section 22/expire U:2016-01-01 by Regulation (2015:746)./by employment of prosecuting aspirant or Assistant Prosecutor

need 6 and 7 of the Employment Ordinance (1994:373) not

applied. The same applies when hiring public prosecutor in

cases referred to in section 20.



/Rubriken expires U: 2016-01-01/termination of employment



section 23/expire U:2016-01-01 by Regulation (2015:746)./Questions referred to in section 34 the Act (1994:260) on public

employment must be examined by the State's disciplinary board also

other prosecutors than those appointed by decision of the Government.

Notification to the Board are made by the public prosecutor's Office or

The Swedish national economic crimes Bureau.



Appeal



section 24 of the State Prosecutor's decision in criminal matters must not

subject to appeal.



section 25 is repealed by Regulation (2007:973).



Transitional provisions



2004:1265



1. This Regulation shall enter into force on 1 January 2005, when

prosecuting the Regulation (1996:205) expires.



2. the provisions of sections 28 and 29 of the repealed Regulation

still applies for appeals of decisions a

Public Prosecutor's Office and the Swedish national economic crimes Bureau has announced

before 1 January 2005. What it says about the Prosecutor General

Instead, shall apply to the public prosecutor's Office.



2006:1410



1. This Regulation shall enter into force on 1 January 2007.



2. Older provisions still apply to the appeal of the

decisions in such matters as employment has given before

the entry into force.

Related Laws