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Regulation (2003:1179) On Surrender From Sweden According To The European Arrest Warrant

Original Language Title: Förordning (2003:1179) om överlämnande från Sverige enligt en europeisk arresteringsorder

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General provisions



Article 1 this regulation lays down provisions on the application of

Act (2003:1156) on surrender from Sweden according to a

European arrest warrant.



section 2 of The terms and expressions used in this regulation were

the same meaning as in the Act (2003:1156) on surrender from

Sweden according to the European arrest warrant.

Regulation (2015:111).



Investigation of a case if the surrender from Sweden



3 § If an arrest warrant has been sent to a prosecutor who

is not competent to deal with the case, the arrest warrant

handed over to a competent prosecutor. The competent prosecutor

shall inform the issuing authority of the operation.



section 4 of the requested person shall be informed of the contents of

the arrest warrant as soon as possible after he or

She has been recorded. At the same time, he or she should be given written

information about their opportunity to give such consent

referred to in Chapter 4. section 9 of the Act (2003:1156) on surrender from

Sweden according to the European arrest warrant and on

the meaning of such agreement.



If the arrest warrant relating to the enforcement of a

custodial penalty which has been imposed after a

hearing at which he was not personally

present and he or she requests a copy of the judgment,

the Prosecutor shall, as soon as possible, inform the issuing authority

on request, if the issuing authority of the certificate has

confirmed that the conditions of Article 4A(1) (d) of the framework decision is

met. The judgment shall be communicated to the person as soon as

It received from the issuing authority.

Regulation (2015:111).



§ 5 If surrender is requested for an offence on

tryckfrihetsförordningens or freedom of Constitution

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

opinion from the Attorney General.



Request for enforcement in Sweden of a deprivation of liberty

penalty



6 § When a Swedish citizen requested surrendered for

enforcement of a custodial penalty, the Prosecutor

or, on behalf of the Prosecutor, a police officer who advises on

the investigation, ask the person if he or she requests that

the sentence shall be executed in Sweden.



The requested person shall be informed of the meaning of that sentence

enforced in Sweden.



A request to the penalty to be enforced in Sweden shall

be made in writing in accordance with the forms laid down by

The Prosecutor General.



section 7 If the person asking for the penalty to be enforced in

Sweden, the Prosecutor shall immediately inform the issuing

authority if the requested person's request.



The Prosecutor shall inform the probation service if the whereabouts

request that the penalty must be enforced in Sweden and on the other

conditions relevant for the decision on enforcement

here.



If the right under Chapter 2. section 6 of the Act (2003:1156) on

the surrender from Sweden according to the European

arrest warrant has refused a request for surrender,

the Prosecutor shall immediately inform the probation service.



In Chapter 3. section 19 of the Regulation (2015:109) the recognition and

enforcement of custodial penalties in the European

the Union provides for correctional duty to

inform the competent authority of the other

the Member State. Regulation (2015:111).



section 8 When a Swedish citizen requested surrendered for prosecution,

the Prosecutor shall, on behalf of the Prosecutor, a police officer who

advises on the investigation, ask the person if he or she

requests that a sanction involving deprivation of liberty after the surrender ådömd

shall be enforced in Sweden. The provisions of paragraph 6 of the other and

third subparagraphs shall apply.



9 repealed by Regulation (2015:111).



Consent and consent



10 § consent and consent referred to in Chapter 4. section 9 of the Act

(2003:1156) on surrender from Sweden according to the European

arrest warrant is left to the Prosecutor. Withdrawal of left

consent or consent provided to the Prosecutor or to a

police officer.



Consent and consent and withdrawal of consent

or consent shall be recorded on a form provided

of the Attorney General. The form of consent and the consent shall, if

possible, be written in the language normally used by the

person. If another language is used, it should be noted on the

the plot which measures have been taken to check

that the requested person has understood the meaning of consent and

the consent.



The Prosecutor shall, in conjunction with a decision on surrender

effected shall notify the issuing authority to the

transmitted has left such a consent and consent

referred to in the first subparagraph. Regulation (2012:571).



repealed by section 11 of the Regulation (2012:571).



Notification when time limits are exceeded



section 12 of the public prosecutor shall inform the issuing authority

the question of surrender has not been settled by a

final decision within



1. sixty days from the date that the requested person has been arrested, or, when

No arrest in the case has not been made, sixty days from the

that the requested person has been informed of the contents of

the arrest warrant, or



2. ten days from the time the person has given consent

to surrender.



On the issue of delivery not later than 30 days from one of

the times referred to in the first subparagraph shall be decided by a

decision that has the force of res judicata against the person,

the Prosecutor shall inform the issuing authority about it.

Regulation (2012:571).



Notification on transfer of Swedish citizens and others.



section 13 If surrender is granted with such a condition if the

the repatriation referred to in Chapter 3. section 2 of the Act (2003:1156) on

the surrender from Sweden according to the European

arrest warrant, the Prosecutor shall inform the issuing

authority of the Agency to contact probation

When the repatriation can take place. Regulation (2015:111).



section 14 If surrender is granted with such a condition if the

the repatriation referred to in Chapter 3. section 2 of the Act (2003:1156) on

the surrender from Sweden according to the European

arrest warrant, the Court must then order for

surrender a force of law, send a copy of it to the

The prison system. Regulation (2015:111).



section 15 If someone who is a Swedish citizen or who is registered

in Sweden has been handed over, the Prosecutor shall send a copy of

the decision to surrender to the Government offices

(Ministry of Justice).



Intelligence at the refusal by reference to the European Convention



section 16 If a request for surrender is refused on the basis of 2

Cape. 4 section 2 Act (2003:1156) on surrender from Sweden

According to the European arrest warrant, the Court shall then

order for surrender becomes final shall send a copy of

the decision to government offices (Ministry of Justice).



Notification of a decision in the case of surrender



17 § When the issue of rendition is decided by a decision

that judgment against the person, the Prosecutor

immediately inform the police authority and the issuing

the authority of the decision. The decision means that the transmission

granted, the notification shall indicate when the decision

last to be effected.



The Prosecutor shall, as soon as possible, send a copy of the decision

to the issuing authority. Regulation (2014:1165).



Enforcement of a decision on surrender



section 18 of the Prosecutor is responsible for making a decision on surrender

are implemented in a timely manner.



section 19 of the public prosecutor and the police authorities shall exchange information

to the extent necessary for a decision on

surrender shall be enforced.



The police authorities shall inform the public prosecutor when the decision has

been enforced.



The police shall immediately inform the prosecutor about the

to be submitted does not download within the correct time.

Regulation (2014:1165).



section 20 of the public prosecutor shall inform the issuing authority

detentions that have taken place in Sweden on the occasion of a

the request for surrender.



Intelligence at the postponed surrender



section 21 Is the enforcement of a decision on surrender

been postponed pursuant to Chapter 6. 1 paragraph 1 Act

(2003:1156) on surrender from Sweden according to the European

arrest warrant for it to be transmitted is serving a

custodial penalty, the authority responsible for

the enforcement of the sentence shall inform the Prosecutor in good time

before the release is done.



Intelligence at the conditional surrender from Sweden



section 22 When surrender granted with such a condition if the

the repatriation referred to in Chapter 6. the third subparagraph of paragraph 1 of the law

(2003:1156) on surrender from Sweden according to the European

arrest warrant, the Prosecutor shall inform the issuing

authority that the authority should contact the Government offices

(The Justice Department) when the repatriation can take place. The Prosecutor

shall send a copy of the notification to government offices

(Ministry of Justice).



The responsible authorities in Sweden



section 23 Has been repealed by Regulation (2015:111).



Notice on conversion of the penalty



section 24 is repealed by Regulation (2015:111).



Intelligence at the conditional surrender to Sweden



section 25 if someone in a case that is said in Chapter 8. section 1 of the Act

(2003:1156) on surrender from Sweden according to the European

arrest warrants should be returned to the territory of another Member State,

the Prosecutor shall inform the Police when the return

shall take place. Regulation (2014:1165).



Expanded transmission and further surrender



section 26 of the provisions of this Regulation apply, mutatis


parts in cases of extended delivery and further surrender

According to Chapter 6. section 8 of the Act (2003:1156) on surrender from

Sweden according to the European arrest warrant.



In case of further surrender from Sweden by someone who has

surrendered hit apply 16 and 17 of the Regulation (2003:1178)

If handover to Sweden according to the European

arrest warrant.



Transitional provisions



2003:1179



This Regulation shall enter into force on 1 January 2004.

Regulation shall not, however, apply in relation to a

Member State of the European Union when the case does not begin

have implemented the framework decision on the European arrest warrant and the

surrender procedures between Member States.



2012:571



1. This Regulation shall enter into force on 16 October 2012.



2. Older provisions apply to cases initiated prior to

the entry into force.



2015:111



1. This Regulation shall enter into force on 1 april 2015.



2. Older provisions apply to cases initiated prior to

the entry into force.



3. Older provisions apply in dealing with a

case in relation to a Member State of the European

the Union that when the case is initiated has not implemented the Council's

framework decision 2008/909/JHA of 27 november 2008 on the application

of the principle of mutual recognition to judgments in criminal matters

regarding imprisonment or other custodial measures in

order to give effect to those within the European Union.



4. Older provisions shall apply in relation to a

Member State of the European Union which made a declaration

According to article 28 (2) of framework decision 2008/909/JHA of 27

November 2008 on the application of the principle of mutual

recognition to judgements in criminal matters relating to prison or other

measures involving deprivation of liberty for the purpose of their enforcement in the

The European Union that, in relation to a judgment as a

the force before a certain date, the framework decision does not

applied.