General provisions
Article 1 this regulation lays down provisions for the implementation
Council framework decision 2002/584/JHA of 13 June 2002 on the
European arrest warrant and the surrender procedures between
Member States, as amended by Council framework decision
2009/299/JHA.
Provisions for surrender from Sweden are found in the law
(2003:1156) on surrender from Sweden according to the European
arrest warrant and (3) of the Regulation (2003:1179) if
the surrender from Sweden according to the European
arrest warrant. Regulation (2013:842).
section 2 of the concepts contained in this regulation has the same
meaning as in the Act (2003:1156) on surrender from Sweden
According to the European arrest warrant.
With a Swedish arrest warrant means a
the warrant referred to in Chapter 1. paragraph 3 of the same law and that
issued by a Swedish prosecutor, or authority.
By the issuing authority referred to in this regulation, the
Swedish prosecutors or authority issuing
the arrest warrant.
The issuing of a Swedish arrest warrant
Arrest warrants for criminal prosecution
section 3 of a Swedish arrest warrant for prosecution issued by the
prosecutors. The Prosecutor General appoints the prosecutors who are
competent to issue a Swedish arrest warrant.
An arrest warrant may be issued for offences for which the
person is arrested on probable cause, suspected of the crime
and for which it is prescribed imprisonment for one year or
more. For an act that formed the basis for a decision on
surveillance measures are followed up in another Member State in
The European Union should an arrest warrant be issued even if the
the crime is not provided for imprisonment for one year or
more.
An arrest warrant issued for offences referred to in the second
paragraph may include also other offences which the requested person
suspected of (ancillary surrender).
Regulation (2015:489).
Arrest warrant for execution of a custodial
penalty
4 of a Swedish arrest warrant for the enforcement of a
custodial penalty shall be issued by the police authority on
the request of the
-Probation of execution of imprisonment,
– National Board for enforcement of psychiatric
care, and
– The Swedish National Board of institutional care for the execution of the enclosed
youth care.
An arrest warrant may be issued for a final judgment
If a custodial sentence of at least four months or
no time limit has been imposed.
An arrest warrant issued for a judgment referred to in
second subparagraph shall include also other final judgments
applies to the person, if the Court which has sentenced to a
custodial penalty (ancillary surrender).
Regulation (2014:1164).
Proportionality
paragraph 5 of a Swedish arrest warrant may be issued only if it is
account of it but for the individual as well as the delay and
the costs are likely to arise in the case appear to be
justified by the nature and gravity of the offence and
circumstances of the case.
If the person is under eighteen years of age, get an arrest warrant
be issued only if there is serious crime or
the young have strong ties to Sweden or otherwise
There are specific reasons for requesting surrender to Sweden.
The design of the arrest warrant
section 6 of a Swedish arrest warrant shall be drawn up in accordance
with the form referred to in Chapter 1. section 4 of the Act (2003:1156) on
the surrender from Sweden according to the European
arrest warrant.
It shall be shown the arrest warrant if it also applies to the
ancillary surrender. In that case, it must also appear on the
the requested person is arrested for the crime, as well as the sanction
the penalty or punishment scale for the crime.
Transmission and storage
section 7 a Swedish arrest warrant may be registered in the Schengen
information system (SIS), or in a different system for
After the search of persons suspected of crimes.
Registration will be conducted by the Police Department, which also should
keep the arrest warrant.
If it is known in any other Member State of the requested person
reside, the arrest warrant be sent directly to the
Executive authority in the State. The issuing
the authority is responsible for the action under section 11. If
the arrest warrant was issued by a Prosecutor, a copy
the arrest warrant be sent to law enforcement.
Regulation (2014:1164).
Withdrawal
section 8 when there are no more reasons to ask the person
surrendered, the arrest warrant revoked. The
Executive authority in the other Member State shall
be immediately notified about the recall. If a Prosecutor
revoking an arrest warrant should also Police
be immediately notified. Regulation (2014:1164).
The procedure then the person been recorded
Information at anträffande
§ 9 When the issuing authority is informed that the
person has been recorded, it shall immediately
forward the information to the police, if the
have not already received the information.
If an authority other than the issuing authority may
information about the requested person has been recorded, the
authority shall immediately forward the information to the
issuing authority. Regulation (2014:1164).
Relationship to extradition
section 10 Of the other Member State that a
extradition procedure to be applied, the regulation
(1982:306) with certain provisions relating to extradition for the offences
apply instead of this regulation. The issuing
the Agency shall immediately refer the matter to the
authority, pursuant to the same regulation, is empowered to make
extradition requests to the other Member State.
In the cases referred to in the first paragraph need someone new
the manufacture shall not be carried out, if the other State accepts
the arrest warrant that a request for extradition.
Translation and transmission
section 11 When police authorities receive information that the
person has been recorded in another Member State and
the arrest warrant has been registered in accordance with paragraph 7 of the first
subparagraph, it shall immediately
1. translate the arrest warrant to the other
the language of the Member State or into a language that the State has
accepting, and
2. transmit the warrant to the Executive
authority of that other State. Regulation (2014:1164).
Guarantee of delivery
section 12 of the issuing authority hears questions about warranties
the managing authority for the transmission. At
the Attorney General for prosecution, however, surrender hears questions about
guarantees relating to the conditions for repatriation of the
person.
Transport
paragraph 13 of the issuing authority is responsible for ensuring that the
person is brought to Sweden in the other Member State has
decided to surrender. The issuing authority shall
ensure that the requested person is brought into Sweden in the
time limit, unless otherwise agreed. The
the issuing authority may request the assistance of the police authority
If it is necessary. Regulation (2014:1164).
Other questions
The transfer of enforcement of a custodial penalty
section 14 If the handing over to Sweden for the prosecution has taken place
on condition that it handed back to the other
the Member State to which the enforcement of a custodial
penalty imposed on the occasion of the handover, to be
the public prosecutor as soon as judgment has a final against the condemned
examine whether the conditions for return are met.
If the person has been handed over to reverse the meaning of the first
paragraph, the Prosecutor shall immediately inform the
The prison system. Regulation (2015:110).
section 15 Of the request for surrender to Sweden for
enforcement of a custodial penalty is rejected
on the basis that the other Member State assumes the
the execution of the sentence, the Police
immediately inform the probation service and
– The National Board of health, if the penalty is psychiatric,
or
– The Swedish National Board of institutional care, if the penalty is closed
youth care. Regulation (2015:110).
15 (a) of the Act (2015:96) on the recognition and enforcement of
custodial penalties in the European Union is available
rules on recognition and enforcement of a Swedish
judgment on deprivation of liberty sanctions in another Member State in
The European Union. Regulation (2015:110).
Consent to the extension of the surrender
section 16 A person who has been handed over to Sweden can agree
to the prosecution or punishment here for another offence which the person has
committed before his surrender. Such consent shall be submitted to
prosecutors.
Consent shall be recorded on a form provided by the
the Prosecutor General. The form should be written on the
language normally used by the surrendered. If a
different language is used, it shall be recorded on the document which
measures taken to ensure that the
submitted have understood the meaning of consent.
Regulation (2012:570).
Handling of extended delivery
section 17 for surrender to Sweden have been granted and question
arises about requesting the other State to a
such a measure as referred to in Chapter 6. paragraph 1 Act
(2003:1156) on surrender from Sweden according to the European
arrest warrant, valid as second-third paragraphs. The same
true if any has been extradited to Sweden from a Member State
in the European Union and such an issue then arises.
The request shall contain the information referred to in paragraph 6. It shall
be translated into a language referred to in section 11 1 and sent to the
the Executive authority of the other Member State.
The following provisions of this Regulation shall apply:
section 3(1) and section 4, first subparagraph if the competent
authorities,
section 8 of withdrawal,
section 10 concerning the relationship to the extradition,
12 § about warranties, and
sections 14 and 15 on the transfer of fugitives to serve sentences.
Transitional provisions
2012:570
1. This Regulation shall enter into force on 16 October 2012.
2. Older provisions apply to cases initiated prior to
the entry into force.
2015:110
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.