General provisions



section 1 Of the by the Rome Statute of the international

Criminal Court established court requests that the

Sweden to take a measure based on the Charter,

apply the provisions of this law.



The provisions of sections 3 and 20 shall apply if the investigation or

the prosecution case of genocide, crimes against humanity or

war crime.



(A) the provisions of §§ 21 and 22 apply where the investigation or

prosecution for crimes against International

criminal justice.



In paragraphs 23 to 32 contains provisions on enforcement of

The decisions of the International Criminal Court and on the

transport of detainees through Sweden. Law (2009:1282).



section 2 of an application referred to in paragraph 1 shall be submitted to

The Department of Justice. Notifications of and accounting for a

case to the International Criminal Court shall

forwarded by the Department of Justice.



The application and attached documents under this Act shall be

written in English or Swedish, or be accompanied by a

translation into one of these languages.



Surrender of suspects, accused persons and convicted persons



section 3, A person who before the International Criminal Court is

suspected, accused or convicted of genocide, crimes against

humanity or a war crime, and who reside in

Sweden may be returned to the Court following a decision by the

the Government.



A decision on detention or an International

the Criminal Court has indicated shall be accepted as the basis for a

decision on surrender to the Court.



A surrender may be deferred pending

The International Criminal Court has decided if it should take

up the matter to trial. In addition, a surrender are United

with conditions or, with the agreement of the Court, be shot

up on the preliminary investigation has been initiated, or prosecutions brought in Sweden

for the other offence than it sought.



section 4 Of the application for submission to the International

the Court applied the provisions of section 14 of the Act

(1957:668) on extradition for criminal offences.



Before the Government announces the decision in respect of

representation, the opinion of the Attorney General. To

basis for its opinion to the Prosecutor General to let the effect

necessary investigation according to what applies to investigations in

criminal cases. If there are special reasons, will the Government seek the

an opinion from the Supreme Court before it decides the matter.



§ 5 in the case of surrender to International

the Criminal Court may force be used without special

the investigation has been submitted to support the referred to with

the application has committed the crime reported. If the Court has

requested that the application be referred to with the detained,

should detention take place unless it is clear that the reasons for

detention is missing. Anyone who is detained may request that a new

a hearing will be held within three weeks of the decision within

has been notified. Moreover, in the case of coercive measures what's in

generally is prescribed for criminal cases.



Decisions on coercive measures can be notified even after the

surrender has been decided. Decisions by the Court applies, unless the

otherwise decided, until the case has been settled or, when

surrender was decided, until this has been executed.



section 6 of The suspected, accused or convicted of crimes,

which under this law can induce a surrender to

The International Criminal Court, may, on the application of

Court, or on the basis of the search warrant issued on

because of the decision of the Court, immediately be arrested or be required

travel bans or duty of a Prosecutor in accordance with what

that generally applies in criminal proceedings. Seizures may also occur in

such a case. Arrest shall be made unless it is clear that the

reasons for arrest are missing.



Coercive measures provided for in the first subparagraph may be used without

specific investigation has been submitted to support the referred to

with the application has committed the crime reported.



If it is decided whether the coercive measures provided for in the first subparagraph, shall

section 23 of the second-fourth subparagraphs Act (1957:668) on extradition for crimes

applied. Deadline for submission of an application for

surrender shall be 60 days from the day the person

arrested or travel prohibition or obligation was issued.



paragraph 7 of the International Criminal Court shall be given the opportunity to

comment before the Court has been deprived of

the freedom under section 5 or 6 to be released or imposed travel ban

or obligation.



section 8 has been repealed by Act (2003:1173).



§ 9 a decision on surrender to International

the Criminal Court to be enforced by the police. If

It is to be submitted is on the loose, he or she receives, whether

It is necessary that the handover can be implemented,

disposed and detained by Police, but no

during 48 hours. Law (2014:640).



section 10 of the Government, on the International Criminal Court

request to admit that it submitted to the Court,

be held liable in court for another offence committed

prior to the handover than that for which the surrender took place.



The Government may also admit that it submitted to the

The international criminal court may be transferred from the Court of Justice

to another State for prosecution. In the case of such transfer

apply section 24 of Act (1957:668) on extradition for criminal offences.



Is not provided consent referred to in the second subparagraph, the Government

request that the International Criminal Court

person surrendered are returned to Sweden. Law (2011:1176).



section 11 If someone who has been transferred by the international

Criminal Court to Sweden for trial here in the country

must be returned to the Court, the provisions in

26 a of the Act (1957:668) on extradition for criminal offences.



section 12 If a State requests the extradition of a person who

The International Criminal Court is requesting surrendered to

the Court, the Government decides if the person to be surrendered

to the Court of Justice or extradited to the State.



Legal assistance



section 13 Of the application by the International Criminal Court shall

legal assistance is provided under the Act (2000:562) on international

legal assistance in criminal matters unless otherwise specified by this law.

Legal assistance may be provided even if the Act to which it relates

does not equal a crime under Swedish law.



The provisions of Chapter 2. section 14 of the Act on the first paragraph

international legal assistance in criminal matters does not apply if a

denial would contravene Sweden's obligations to the Court.

The provisions of Chapter 2. paragraph, Chapter 4. § 33 and

paragraph 34 that law shall not apply.



The International Criminal Court shall be given the opportunity to

be heard before legal assistance be subject to conditions referred to in

Chapter 5. section 2 of the Act on international legal assistance in criminal matters.



section 14 of the Regulations of other regulatory action if service

and judicial assistance to the Court or authority of another State

apply to applications from International

Criminal Court, if they are not contrary to the provisions of

This law.



section 15 if, during the processing of an application for legal assistance

in criminal cases from the International Criminal Court is found

that the application is incompatible with such an application for legal assistance

in the criminal case from another State are dealt with according to the law

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

the question submitted to the Government, which decides which of

applications that must take precedence.



Inadmissibility



section 16 Indictments and prosecution in Sweden for an act shall not be



1. on the issue of liability for the Act has been tried at

The International Criminal Court,



2. If the Court has decided that the issue of liability for the Act

to be examined where in spite of the fact that the Swedish investigation or

prosecution is ongoing, or



3. If the Court has requested that the person in question shall

be returned to the Court on the basis of the Act and this

application has not been refused.



Public Defender



section 17 on the International Criminal Court is requesting that a measure

on the basis of the Charter must be taken in Sweden with regard to

the suspected or prosecuted or sentenced by court

of a crime, the person, if he or she so requests,

assisted by a public defender. In the case of such a case

procedural rules of the beam with it except as provided by

§ 19.



Compensation and other costs



section 18 of the witness or plaintiff or expert in Sweden

who has been called to be heard by the International

the Criminal Court is entitled to reimbursement of public funds

for their appearance according to rules announced by the

the Government.



section 19 of the Expenses for reimbursement of public funds paid

the public defender or to other and other

cost of measures taken pursuant to this Act shall

be borne by the State subject to the provisions of section 20.



20 § Government announces that certain costs

for the action taken under this Act may be recovered from the

The International Criminal Court.



Cooperation in the field of crimes against International

Criminal Justice



section 21 in respect of extradition or legal assistance to

The International Criminal Court in respect of the investigation

or prosecution of crimes directed against the Court's

administration of Justice, shall apply the provisions on extradition in the law

(1957:668) on extradition for the crime and on legal aid in law

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

other regulatory action, which applies to a corresponding


request from another State. Special provisions that apply

legal assistance to a State that is a member of the European Union

or to Norway or Iceland shall not, however, apply.

Lag (2003:1173).



section 22 Of the ICC report a crime

referred to in section 21 for prosecution in Sweden, the matter

handed over to the Attorney General for prosecution under the

procedure shall apply in the case of a Swedish preliminary investigation or

trial in criminal cases.



22 a of the International Criminal Court,

final judgment examined the question of responsibility for an act which

been made against the Court's jurisdiction, the defendant is not

prosecuted in Sweden for the same acts in accordance with the

under Chapter 2. 5 a of the first subparagraph, 1 – 4 penal code.



The first subparagraph shall not apply in the case of offences referred to in 2

Cape. section 1 or section 3, 4 or 7 criminal code unless

the prosecution at the International Criminal Court has been

then the person extradited from Sweden for the prosecution.



May the prosecution take place, the provisions of Chapter 2. 6 §

the Penal Code shall apply. A provision requiring the

prosecution writ, see Chapter 2. 7 c § the same beam.

Law (2009:1282).



Enforcement of penalty and for the spirit



section 23 of the Government at the International Criminal Court

request, the Court may decide that a prison sentence by a court may

enforced in Sweden. The Government may announce the instructions

as in the case in point is needed for the execution of

the punishment here.



section 24, one of the International Criminal Court bötesdom Court

or a decision of the Court about the confiscation of property, or

of the value of certain assets, the Court may, on application by the

enforced in Sweden. The application shall be submitted to the

Enforcement authority for action. If execution relates to

value confiscation of certain assets, determines

Enforcement authority it forfeited the value in Swedish kronor.



The Swedish enforcement authority's decision may be appealed to the General

Administrative Court. Bailiffs and

the Administrative Court's decision shall be effective immediately unless otherwise

be decided. Leave to appeal is required for an appeal to

the administrative court. Law (2007:279).



section 25 On enforcement under sections 23 and 24 apply section 25

Act (1972:260) for international cooperation on

enforcement of criminal conviction unless otherwise indicated by this

team.



Execution may no longer happen if International

the Criminal Court has granted the condemned clemency or

penalty relief and the reduced penalty is fully

effected or the Court has announced another crucial

that means that the sanction can no longer be

enforced. Arise, since an application under section 23 or 24

granted, a matter of refusal of enforcement on the basis

of the limitation period, should this matter be examined according to the rules

apply to the International Criminal Court.



Questions about parole are being assessed by the Government then

The International Criminal Court had the opportunity to be heard

out in these cases, the Government may decide that the conditional

release shall take place at a later date than that implied by the

the Penal Code.



Decision on transformation of fine may not be notified.



26 § § 23 applicable whem under the rules on

immunity in section 23 of the Act (1972:260) on international cooperation

regarding the enforcement of criminal conviction.



section 27 At enforcement under section 23, representatives of the

The international criminal court or the court appoints

to investigate the treatment of serving a sentence

imposed by the Court of justice the right to visit the place where the person

is placed. The person responsible for any serving such

punishment shall leave the conducting the survey it assistance

they need to be able to carry out their tasks.



section 28 When enforcement of fines or confiscation orders have been

According to section 24, the Swedish enforcement authority what

arrived at the enforcement of International

the International Criminal Court. Law (2007:279).



Recognition and enforcement of decisions relating to compensation to

crime victims



section 29 a decision on restitution to victims who

The ICC has announced and which have

res judicata, applies here in the country and shall on application

enforced here, without prejudice to the second subparagraph.



The ruling does not apply in this country and may not be enforced

here



1. where recognition or enforcement of the judgment is

manifestly incompatible with public policy in this

country, or



2. If before that this country has given a

final decision on the same issue.



The application referred to in the first subparagraph may be made by the person in the decision

has been conferred and remedy. Even International

the Criminal Court may make such an application if it has

decided to redress to victims shall be paid

through a special Trust Fund for victims.



section 30 of the Swedish court is seised of a claim for indemnification to the

crime victims in a matter already subject to trial by

The International Criminal Court and the trial can at the

Court result in a decision as referred to in section 29 applies here in

the country, rejected, or in abeyance pending

on to the ICC's crucial win

the force of law.



section 31 an application for enforcement under section 29 review by Svea

the Court of appeals. The application shall relate to one part of the decision.



The application must be supplemented with the original or a

certified copy as proof that the judgment has become final

force.



An application for enforcement must not be granted without the

have ordered to pay reparations has had the opportunity to

comment on the application.



Enforcement is done in the same way as in the case of Swedish

a court judgment which has become final.



Transport of detainees through Sweden



32 § Responsible Minister may grant a permit to transport

by Sweden of an arrested person to

shall be handed over or extradited or for any other purpose shall be transferred

between a State and the International Criminal Court.

During such transport to detention consist if not

the Court requests that the transferred should be freed.



For transport by air without a scheduled stopover in this country

authorization is not required under the first subparagraph. If an unplanned

stopover occurs, the Police take the transmitted

in custody until an application is made for permission to

transport within the meaning of the first subparagraph and shall forthwith inform the

responsible Minister about this. No claim within 96

hours of the unscheduled landing, the person

immediate release.



If permission has been granted in accordance with the first subparagraph,

The police authority, if necessary, take the transferred into custody. In

the case of coercive measures in a case of transport

the provisions of § 5. Law (2015:107).



Other provisions



33 § Government Announces detailed rules on the application

of this law.



Transitional provisions



2011:1176



1. this law shall enter into force on the day the Government determines.



2. For cases initiated before the entry into force applies to section 10

in its older version.