Chapter 1. General provisions
section 1 of this Act contains provisions for the implementation of
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.
Act shall not apply in respect of any Member State concerning the
European Union by special decision canceled
the application of the framework decision in relation to the State.
This chapter contains general provisions relating to a
arrest warrant.
In Chapter 2. contains provisions on the conditions for
surrender.
In Chapter 3. provides for special conditions for
surrender of Swedish citizens.
In Chapter 4. There are rules on investigation and coercive measures at
the initial procedure and the provisions relating to the law of
some cases do not apply in relation to Denmark and
Finland.
In Chapter 5. contains provisions on the decision-making process at
surrender.
In Chapter 6. provides for enforcement of a decision
If handover and on decisions concerning, among other things. extended surround.
In Chapter 7. contains provisions on the transfer of a
custodial penalty to Sweden.
In Chapter 8. provides for the repatriation of persons who
has been handed over to Sweden and for permission to transport
by Sweden. Team (2013:843).
section 2 of the Government Announces detailed rules on the application
of this law.
In the case of the issuance of an arrest warrant and if
surrender to Sweden are specific provisions.
section 3 With a warrant referred to in this law, a legal
decision issued by a judicial authority of a Member State in
The European Union, involving a request for a legal
authority in another such State shall seize and hand over a
requested person, for the purposes of prosecution or for execution of a
custodial penalty.
section 4 of the arrest warrant shall be prepared in accordance with
the form in the annex to the framework decision and include details
If
1. the requested person's identity and nationality,
2. name, address, telephone number, facsimile number and e-mail address
to the issuing authority,
3. an enforceable judgment, an arrest warrant or a
the corresponding decision,
4. the criminal offence, stating the time and place of the
the Act, a description of the circumstances surrounding the offence
as well as the whereabouts of participation in the offence,
5. legal classification of the offence and if the Act is set out in
the annex to this law,
6. the punishment scale for the deed or, if the arrest warrant
concerns the enforcement of a custodial penalty, the
penalty has been imposed, and
7. If possible, other consequences of the offence.
Chapter 2. Conditions for surrender
Introductory provision
section 1 of The sought under an arrest warrant and that
present in Sweden shall, subject to the provisions of this Act or
follow by any other law, surrendered to the issuing
the Member State. The surrender may be made for criminal prosecution or
enforcement of a custodial penalty.
Penalty thresholds and dual criminality requirement
2 § Surrender may be granted only for acts
correspond to the crime under Swedish law and
1. for what, when the surrender relates to prosecution, according to the
issuing Member State a custodial
penalty for one year or more is prescribed, or
2. for what, when the surrender relates to enforcement of a
the deprivation of liberty, in a custodial penalty of not less than
four months have passed.
If the arrest warrant specified that the Act is
such as is specified in the annex to this law and it
the offence under the law of the issuing Member State
is prescribed a penalty involving deprivation of liberty for three years or
more, however, the surrender may be granted even if the Act does not
correspond to the crime under Swedish law. At the handing over of
enforcement of a custodial penalty relating to a
such deed shall sanction be such as referred to in the first
subparagraph 2.
For an act that formed the basis of a foreign decision
If monitoring measures under the Act (2015:485) on the recognition
and follow-up to decisions on supervision measures in
The European Union, the first paragraph 1 does not apply, if
1. the person was present in the other State if the foreign
the decision was announced, and
2. follow-up is underway in Sweden when arrest warrant
is issued.
If surrender is granted for an offence referred to in the first,
the second or third subparagraph, surrender is granted even
for any other Act which, without being such as specified in
the first subparagraph of paragraph 1 or 2, corresponding to offences under Swedish
team. Law (2015:487).
Impediments to delivery
paragraph 3 of the Surrender shall not be granted
1. If a request, despite the fact that the issuing authority has
been given the opportunity to submit its completion, to form
or content is so flawed that it is not without significant
inconvenience may be the basis for a review of the issue of
surrender,
2. If the issuing authority does not provide such guarantees
as referred to in Chapter 3. section 2 required to surrender to get
granted,
3. where the requested person according to Chapter 5. paragraph 4 shall be communicated to the
another Member State,
4. If the person to be extradited for an offence, or if he
or she shall be surrendered pursuant to lagen (2002:329) on cooperation
with the International Criminal Court,
5. If, in accordance with Chapter 2. the second subparagraph of paragraph 8 of the Penal Code would
contrary to a condition laid down by the disclosure or
surrender to Sweden, or
6. If it concerns the enforcement of a custodial penalty
that has been imposed after a hearing where the requested person is not
was present and if the issuing authority
have not confirmed that any of the conditions referred to in Article 4A(1) of
the framework decision is fulfilled. Team (2013:843).
section 4 of the Surrender shall not be granted
1. for an act that occurred before the person reached the age of
fifteen years,
2. If it would be contrary to the European Convention on
the protection of human rights and fundamental
freedoms or the additional protocol to the Convention
the force of law in this country, or
3. If it would be contrary to the provisions on privileges and
privileges.
§ 5 Delivery for some offence shall not be granted if the
1. the offence covered by grace or another decision under 12
Cape. Article 9 of the Constitution Act,
2. According to Chapter 20. section 7 of the code of judicial procedure or equivalent
provision of other teams have announced decision not to prosecute
for the deed,
3. the Act has been tried by a final judgment in a
Member State of the European Union, Iceland or Norway and, at
conviction, the sentence has been served or is under
enforcement or may no longer be executed under the
the laws of the jurisdictions of the country,
4. the Act has been tried by a final judgment in a different
State than specified in 3 and this according to section 10 of the third, or
fourth subparagraph, Act (1957:668) on extradition for the crime had
constituted an obstacle to the extradition of the person,
5. the preliminary investigation has been initiated, or prosecutions brought in Sweden for
crime and investigating the leader or, when the prosecution has
brought, Supervisory prosecutors in the case against
the prosecution takes place in the issuing Member State,
6. the penalty for the offence has lapsed because of
Statute of limitations, or can no longer be sentenced under Swedish law
and the Act has been wholly or partly in Sweden or
He is a Swedish citizen, or
7. the Act is wholly or partly took place in Sweden and not
correspond to the crime under Swedish law. Law (2011:1177).
paragraph 6 When it sought for the enforcement of a
custodial penalty is a Swedish citizen, surrender
not be granted where the person requesting that the penalty shall
enforced in Sweden.
If the person at the time of the Act for at least two years
permanently resided in the issuing Member State apply
the first subparagraph only if, having regard to the
whereabouts of personal circumstances or by any other
reason there are special reasons that enforcement takes place in
Sweden.
Chapter 3. Special conditions for the surrender of the Swedish national
1 repealed by law (2013:843).
section 2 of the communication of a Swedish citizen for the prosecution may, if
He or she requests the execution of the following
handover ådömd custodial penalty shall be in
Sweden, is granted only if the issuing authority provides
guarantees that the person will be returned to
Sweden for such enforcement.
Surrender of a Swedish national who at the time of
the Act for at least two years, have remained permanently in the
issuing Member State may be granted without such
guarantees referred to in the first subparagraph, unless it is given
to the requested person's personal circumstances or by any
Another reason there is a particular reason for that enforcement
takes place in Sweden.
Chapter 4. The initial procedure for surrender
How the case begins
section 1 of An arrest warrant may be transmitted through the Schengen
information system (SIS) or through another system for
After the search of persons suspected of crimes.
If it is known that it sought as a
arrest warrant is at a certain location in Sweden,
the arrest warrant is sent directly to the competent prosecutor. This
shall be made in writing by post, courier or facsimile. After
understanding of the case, however, the transmission
be done otherwise.
The Prosecutor General appoints the prosecutors who are competent to
deal with matters under this Act.
section 2 of an arrest warrant shall be written in Swedish, Danish,
Norwegian or English or be accompanied by a translation
to any of these languages, and otherwise to shape and
content be such as defined in Chapter 1. 4 section.
A search warrant which is registered in the SIS, without having to be accompanied
a copy of the arrest warrant, or in another system
for the search of persons and concerning extradition or
transfer to a Member State of the European Union,
equated with an arrest warrant pending the adoption of a
such orders are transmitted. Law (2010:382).
2 a § When a request to the form or contents is so poor
It is not without significant inconvenience can be
an examination of the issue of the handing over, the Prosecutor shall provide the
issuing authority the opportunity to submit within specified time
-complete. Law (2006:348).
The investigation
3 § If an arrest warrant is submitted directly under section
or if it otherwise appears that it sought
According to an arrest warrant is at a specific location in the
Sweden, the Prosecutor shall consider whether there are conditions
for the surrender from Sweden. When the requested surrendered
for the prosecution is under eighteen years shall also be investigated if
the prosecution can take place in Sweden.
At the inquiry applied the provisions concerning pre-trial investigation in
criminal matters, subject to the provisions of this law.
The investigation shall be conducted as a matter of urgency. The time limit
may apply to the District Court under Chapter 5. paragraph 3 shall
taken into account during the investigation.
The application of the law in relation to Denmark and Finland in
some cases
section 4 of an arrest warrant issued by another Nordic state
shall, if the requested person resides in Sweden, considered
a Nordic arrest warrant. Law (2011:1177).
Coercive measures
section 5 of the public prosecutor shall request the person unless it is missing
risk that he deviates or otherwise evading
a surrender. An arrest must also take place if there is
risk that the person, by removing evidence or
in any other way, hinder the investigation of acts
the scope of the warrant.
An arrest pursuant to the first subparagraph shall not take place if it can
It is assumed that the conditions for a surrender are missing.
The who has not reached the age of eighteen years may be arrested only if the
There are serious reasons.
If there is any reason for the arrest, according to the first to third subparagraphs
but it is sufficient that the person notified a
travel bans or to provide for a notification requirement,
should such action be adopted instead of arrest. In case
referred to in Chapter 24. section 4 of the code of judicial procedure, monitoring
replace an arrest.
If there is any reason for the arrest, according to the first to third subparagraphs
may a police officer or an officer of the Customs and Excise Department or
The coast guard in urgent cases even without a
warrants a decision seize the requested person. Law (2011:1177).
section 6, When someone has been detained, arrested, issued travel bans
or the obligation to apply the same rules as for
corresponding action during a Swedish preliminary investigation. For such
coercive measures, however, the conditions set out in section 5. For
commercial decisions on detention concerns the conditions under
§ 5 terms of arrest. As stated in the code of judicial procedure if
time for the bringing of criminal charges does not apply.
A decision on arrest or detention shall be suspended, if a
continued detention would be unfair having regard to
the duration of the deprivation of liberty has been ongoing and the penalty is
imposed or that may be imposed if the person is convicted
for the deed.
section 7 Contains an arrest warrant an application for seizure
apply in this part, the provisions of the Act (2000:562) on
international legal assistance in criminal matters.
If it is found such items as a result of the reported
the Act could be seized and handed over according to 4
Cape. section 19 of the Act on international legal assistance in criminal matters,
gets the objects even in the absence of a specific application are seized by
decisions of the Prosecutor or the person who grabs the requested person. Has
the seizure occurred apply Chapter 4. 16 section of the Act.
In connection with the detention of the requested person,
the search warrant made to search for items that may be taken into
the seizure. Writ of search warrants issued by the Prosecutor. If
There is danger in delay, a police officer or official of the
Customs Service or coast guard make search even without
such appointment.
Public Defender
section 8, A public defender will be appointed for the person
If he or she requests it, is under eighteen years of age, or in other
cases are assessed to be in need of a lawyer.
Consent and consent
section 9, the person shall, as soon as it can be asked whether he
or she agrees to the surrender. In such a case, the
He also asks if he or she admits that in the
issuing Member State shall be liable to be tried or punished for deeds
committed prior to surrender, but not covered by
the arrest warrant. The requested person shall be informed of the implications
of that consent and consent.
A withdrawal of consent shall be taken into account if it is done before
the right has announced the decision on surrender. A
withdrawal of consent referred to in the first subparagraph shall
be considered if it is made before the decision on surrender has
been enforced.
Chapter 5. Decision-making procedure for surrender
Determining authority
§ 1 the District Court decides after the production of the Prosecutor in
the issue of surrender.
The Prosecutor may, however, before he requested the Court, dismissing an
request for surrender pursuant to Chapter 2. 3 § 1.
As regards the District Court's jurisdiction applied 19 Cape.
the code of judicial procedure.
Court
paragraph 2 of the rules of procedure applied by the Court
proceedings in criminal matters, subject to the provisions of this law.
The processing will be done as a matter of urgency.
The District Court shall order the examination of the question of submission hold
a negotiation. A hearing need not be held if the
is clear that surrender shall not be granted if the
requested person consents to his surrender, or if he or she
requests that the matter be settled on the documents.
At the hearing, the Prosecutor and the person called. Is
the person arrested or detained, he or she
can be changed. Law (2011:1177).
section 3 of the District Court shall issue a decision in the case of surrender
not later than 30 days after the requested person has been arrested
or, when no arrest in the case has not been made, not later
thirty days after the person has been advised of the
the contents of the arrest warrant.
The requested person agree to a surrender, the decision
be notified within ten days after consent has been given.
The District Court may, if there are special reasons, give its
decisions later than what is said in the first or second paragraph.
Law (2011:1177).
Competing requests
4 § If two or more Member States have issued
arrest warrant or one or more of these States have
issued arrest warrants as well as one or several Nordic States
the Nordic arrest warrant has been issued in respect of the same
person, should the cases be tried in context at the District Court
to deal with the first case received.
Received a new arrest warrant after the Court's decision on the
surrender but before the decision has become final,
the Court of appeal or, in the case under appeal to the Supreme Court
at the request of the Prosecutor, order that the District Court shall hear
cases in context.
Examining which of several arrest warrants to be
granted shall be done with special reference to gärningarnas
nature and the place in which they occurred, the times
each arrest warrant was issued, and whether they relate to prosecution
or the enforcement of a custodial penalty.
Law (2011:1177).
§ 5 If the concerning the person going on a case
extradition for the crime, or if delivery according to the law
(2002:329) on cooperation with the International Criminal Court
examination of the question of surrender under this Act
held in abeyance until the decision in the second case.
Other issues addressed in the decision of the Court of
section 6, if the guarantees referred to in Chapter 3. 2 section has been provided by a
foreign authority, the right of the decision on surrender
specify that it is a condition for the handover to the guarantees
will be fulfilled.
Decision concerning the handing over of objects according to Chapter 4. 7 §
have been seized should if possible be notified of the right of
context of the decision on surrender of the
person. Team (2013:843).
paragraph 7 of the decision to the person to be surrendered,
the right to examine whether decisions on coercive measures shall apply until
order for surrender has been executed. The District Court may
decide on the coercive, even after a decision to the
person shall be surrendered.
Costs of public defender
section 8 Costs for a public defender should stay on
State.
Appeal
§ 9 exclusion from the handing over of cases referred to
in Chapter 2. section 6 may not be appealed. Has the person consented
to surrender pursuant to Chapter 4. § 9, decision
surrender is not subject to appeal.
For the Court to examine the decision of the District Court is required
leave to appeal, the decision means the case will be determined
nor is such a decision which may be appealed only in
the context of an appeal against a final decision.
Law (2011:1177).
Chapter 6. Enforcement of the decision on surrender and
subsequent decisions
Enforcement
§ 1 a decision on surrender shall be enforced within ten days
from the decision became final. Enforcement takes place, if
not otherwise agreed, by the
handed picked up by the issuing Member State.
Law, in the context of the decision on surrender control to
enforcement shall take place at a later date
1. If it is necessary for it to be submitted shall be
prosecuted in Sweden or, if they have already fallen, here to serve a
penalty determined for another act than that decision
If the surrender relates, or
2. where there are strong humanitarian grounds.
Instead of postponing the execution in the cases referred to
in the second paragraph, the right to decide to surrender to the
issuing Member State takes place under conditions of repatriation
laid down in the agreement with the issuing authority.
section 2 of the public prosecutor may, after consultation with the issuing authority
decide that enforcement is to take place at a later
time than that provided for in the paragraph 1 of the
1. If circumstances beyond the States concerned
control prevents a surrender, or
2. If, after the decision of the Court if surrender is the result
strong humanitarian grounds.
section 3 of The to be submitted and subject to coercive measures can
request that a hearing for the trial of the issue of coercive measures
shall take place in the District Court within three weeks from the decision
in the last issue.
section 4 If the person to be surrendered if he makes a declaration that the
or she waives appeal and admit that the decision on the
surrender may be executed, the execution take place without
obstacles of that decision has become final. In the case of
such nöjdförklaring apply 4 and 6-8 of the Act (1974:202) concerning
calculation of penalty time etc.
paragraph 5 of the law enforcement agency shall assist in the enforcement of a
decision on surrender. If it is to be submitted at
foot, he may, if deemed necessary for the
the handover can be implemented, disposed of and put into
the detention of the police authority, but under 48 hours.
Law (2014:641).
section 6 is to be handed over in custody and does not
execution within the period permitted by section 1 or, when
the Prosecutor has taken a decision under paragraph 2, within 10 days from
the decided time, he or she shall be released
foot. The same applies if the issuing authority to cancel
the arrest warrant.
section 7 of The Court which has issued a final decision on the
surrender shall, at the request of the Prosecutor, set aside the decision
1. where, for any other reason than that it be submitted
absconds, has not been enforced within ten days from the
time resulting from paragraph 1 or, where the Prosecutor has taken a
pursuant to article 2 of the decision, within ten days from the
time, or
2. If the issuing authority to cancel the arrest warrant.
Permission for expanded transmission and further surrender
section 8 for surrender has been granted under this Act and a
judicial authority of the Member State to which the surrender has
been doing a petition to the Prosecutor for authorization
1. to prosecute or punish the surrendered also for
deeds that were not covered by the transmission, or
2. that to another Member State of the European Union, Iceland
or Norway shall submit the that have been transmitted from Sweden,
examine the case with the application of 2-5. The competent District Court
is the rule for surrender.
What is 2-5. about coercive measures and deadlines shall not
apply in the cases referred to in the first subparagraph. Public
the Defender shall serve for a period of the surrendered. The who
have been transmitted shall be given the opportunity to submit observations on
the representation. The District Court considers whether there are reasons to
hold a hearing. Law (2011:1177).
Permission to re-extradition
§ 9 the request for the right to a State outside the
The European Union, Iceland or Norway to extradite anyone who
previously has been handed over from Sweden to a Member State in
The European Union must be examined by the Government by application of
section 24 of the Act (1957:668) on extradition for criminal offences. Law (2011:1177).
Chapter 7. The transfer of enforcement of a custodial
penalty to Sweden
§ 1 Of law pursuant to Chapter 2. 6 § refused a request for
surrender or if anyone has been handed over from Sweden on
conditions referred to in Chapter 3. section 2 of that he or she should
reversed here, the law (2015:96) the recognition and
enforcement of custodial penalties in the European
the Union, with the exception of Chapter 3. 1-5 of the Act. At
application of Chapter 3. section 15 of the Act does not require a request
from the competent authority of the other State to coercive measures
shall be used.
When the right under Chapter 2. 6 § refused a request for
transmission, not a declaration of enforceability shall be decided
If the issuing Member State opposes
the execution is transferred. Law (2015:102).
2 repealed by law (2015:102).
3 repealed by law (2015:102).
4 repealed by law (2015:102).
section 5 was repealed by law (2015:102).
section 6 of the repealed law (2015:102).
7 repealed by law (2015:102).
section 8 Has been repealed by law (2015:102).
Chapter 8. Other provisions
Reintegration of persons who have been handed over to Sweden
section 1 Has been handing over to Sweden for the prosecution here
in the country, on condition that it forwarded later returned
to the other State, the police authorities to ensure that the
surrendered are returned.
If the reapplication is on the loose, he or she receives, whether
It is deemed necessary in order to return to
implemented, disposed and detained by police authorities,
but in 48 hours. Law (2014:641).
Authorization to transport by Sweden
section 2 of the Requested authorization to transport by Sweden of any
submitted on the basis of an arrest warrant or as
extradited to another Member State of the European Union,
Iceland or Norway shall grant such Police Department
permission and set the conditions under which the shipment may be effected.
Has permission been granted in accordance with the first subparagraph,
The police authority, if it is necessary to transport
to be successful, caring and take into custody any person who
shall be handed over or extradited, but during 48 hours.
If an unplanned stopover takes place in Sweden,
The police authority, if it is necessary to transport
to be successful, caring and take into custody any person who
shall be handed over or extradited, but its a request
for permission to transport have been tried. For permission to
transport is not claimed within 96 hours from landing,
the immediate release of the person.
If permission is granted, the case then the provisions of other
paragraph. The time limit shall be counted from the time the State
announced. Law (2014:641).
Transitional provisions
2003:1156
1. this law shall enter into force on 1 January 2004. The law shall
not, however, apply in respect of any Member State in
The European Union has not implemented when the case begins
the framework decision on the European arrest warrant and the surrender
between the Member States.
2. the Act shall not apply in dealing with a case concerning the
the extradition of the person into a Member State of the European
the Union under the Act (1957:668) on extradition for criminal offences or
to Denmark or Finland according to the Act (1959:254) on extradition
for offences to Denmark, Finland, Iceland and Norway, on the matter
has been initiated at the time of entry into force.
3. Have someone extradited from Sweden to a Member State in
The European Union and requested permission for an operation
referred to in Chapter 6. section 8, this provision shall apply. Such
the request must be examined by the Stockholm District Court.
4. Has been suspended by the law (2006:348).
2011:1177
1. this law shall enter into force on the day the Government determines. The
new rules must be put into effect at different times.
2. Older provisions apply to cases initiated prior to
the entry into force.
2015:102
1. this law 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.
Annex
Works as described in Chapter 2. paragraph 2(2) of the Act.
1. Participation in a criminal organisation
2. Terrorism
3. Trafficking in human beings
4. Sexual exploitation of children and child pornography
5. illicit trafficking in narcotic drugs and psychotropic substances
6. illicit trafficking in arms, ammunition and explosives
7. Corruption
8. Fraud, including fraud affecting the
According to the European Communities ' financial interests
Convention of 26 July 1995 on the protection of the European
communities ' financial interests
9. Money laundering
10. Currency counterfeiting, including counterfeiting of the euro
11. Cyber crime
12. Environmental crime, including illicit trafficking in endangered animal species,
plant species and varieties
13. the facilitation of unauthorised entry and residence
14. Murder and aggravated assault
15. Illegal trafficking in human organs and tissues
16. Kidnapping, illegal restraint and hostage-taking
17. Racism and xenophobia
18. The organized theft and armed robbery
19. Illicit trafficking in cultural goods, including antiques
and works of art
20. Scam
21. Racketeering and extortion
22. Counterfeiting and piracy
23. Forgery of administrative documents and trafficking
such fakes
24. Counterfeiting of means of payment
25. Illicit trafficking in hormonal substances and other
growth promoters
26. Illicit trafficking in nuclear and radioactive substances
27. The trafficking of stolen vehicles
28. Ertman
29. Arson
30. Offences covered by international criminal court
permissions
31. the Hijacking of aircraft or vessels
32. Sabotage
