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Act (2000:1225) On Penalties For Smuggling

Original Language Title: Lag (2000:1225) om straff för smuggling

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General provisions



1 §/expires U: 2016-05-01/

This law contains provisions on liability

accommodation for acts relating to entry to and/or exit from the

the country of the goods. Does the law or regulation

prescribed penalties for anyone who violates a prohibition against

or conditions for entering or leaving a be, applicable in

rather than the provisions of the Constitution unless otherwise

before written.



In 19-22, 25-27 and 32 sections, there are special provisions on

powers to prevent, investigate and prosecute offences

under this law or offences, relating to entry into, or

exit from the country of the goods, pursuant to any of the

provisions mentioned in the third paragraph. Powers

also applies when such crimes under the narkotikastrafflagen

(1968:64) referred to in the third subparagraph of paragraph 12 and at such

terrorist offences referred to in paragraph 3 of 18 in conjunction with section 2 of the Act

(2003:148) if the penalties for terrorist offences. The power according to

32 § to prosecute or decide on confiscation, however,

not for offences under the Act on the narkotikastrafflagen or

the penalties for terrorist offences.



The statutes referred to in the second subparagraph, the law is

(1996:701) about Swedish Customs ' powers at the Swedish border with

another country in the European Union, the law (1998:506) if

Excise control of shipments of alcohol products, etc.

tobacco products and energy products, the Act (2000:1064) if

control of dual-use items and the

technical assistance, Customs Act (2000:1281) and the Act (2006:1329)

concerning trade in certain goods which could be used for capital punishment

or torture, etc.



The provisions of 19 to 22, 25 and 26 and a section 27(1), and

third subparagraph, in the case of a physical examination, and

the provisions of section 32 applies also in case of offences referred to in 2-4

§ skattebrottslagen (1971:69), if the offence is a failure

to submit a tax return in accordance with chapter 26. 8 § 2 or § 37

tax Procedure Act (2011:1244). Law (2014:1500).



1 section/entry into force: 2016-05-01/

This law contains provisions on liability, etc. for deeds relating to entry to and/or exit from the country of the goods. The law provided penalties for anyone who violates a prohibition or conditions to bring in or out of an article, the provisions of the Constitution unless otherwise stipulated.



In 19-22, 25-27 and 32 sections, there are special provisions for powers to prevent, investigate and prosecute offences under this law or offences, relating to entry to and/or exit from the country of the goods, under any of the provisions mentioned in the third paragraph. Powers also apply to such crimes under the narkotikastrafflagen (1968:64) referred to in section 12, third paragraph, and in the case of terrorist offences referred to in paragraph 3 of 18 in conjunction with article 2 of the Act (2003:148) if the penalties for terrorist offences. The power under section 32 to prosecute or decide on confiscation does not apply to offences under the law on the narkotikastrafflagen or penalties for terrorist crimes.



The statutes referred to in the second paragraph is the law (1996:701) about Swedish Customs ' powers at the Swedish border with another country within the European Union, the law (1998:506) if the excise control of shipments, etc. of alcohol products, tobacco products and energy products, the Act (2000:1064) on the control of dual-use items and technical assistance, the customs law (2016:253) and the Act (2006:1329) concerning trade in certain goods which could be used for capital punishment or torture , etc.



The provisions of 19 – 22, 25 (a) and 26 sections and section 27 of the first and third paragraphs, in the case of a physical examination, and the provisions of section 32 applies also in case of offences referred to in 2-4 of the skattebrottslagen (1971:69), if the crime of failure to submit a tax return in accordance with chapter 26. 8 § 2 or § 37 income tax Procedure Act (2011:1244).

Law (2016:275).



2 §/expires U: 2016-05-01/

For the purposes of this Act shall be deemed to have been a

in or out of the country when it has been over the limit for

Swedish territory.



In this Act,



1. drugs: those products referred to in paragraph 8 of the narkotikastrafflagen

(1968:64), and



2. customs clearance: as prescribed in the customs rules if

that an article should be posted on the temporary storage, or

subject to customs-approved treatment or use or any action under Chapter 3.

section 4 of the Customs Act (2000:1281), then the goods entering or leaving the

the country.



2 section/entry into force: 2016-05-01/

For the purposes of this Act must be deemed to have entered into or out of the country when it has been brought over the border for Swedish territory.



In this Act,



1. drugs: those products referred to in paragraph 8 of the narkotikastrafflagen (1968:64), and



2. customs clearance: as provided for in the customs legislation relating to an article to be posted to a temporary storage facility, to be placed under a customs procedure or are re-exported or measures referred to in Chapter 3. Article 1 of the customs law (2016:253), then the goods entering or leaving the country.

Law (2016:275).



Penalty provisions, etc.



Smuggling crimes



3 §/expires U: 2016-05-01/

The who, in conjunction with the introduction into the country of the product

subject to a legal prohibition or conditions

for admission, intentionally violate the prohibition or condition

by failing to declare the goods to customs, sentenced

for smuggling to fines or imprisonment of up to two years.



As provided for in the first paragraph also applies to anyone who, in

When such be brought into the country, deliberately

provide false information on customs treatment or fails to

leave the required task for customs treatment and thereby provides

rise to the danger that the introduction is completed in violation of

prohibition or condition.



For smuggling are sentenced also intentionally



1. from the country for a to be in violation of a specific

the prescribed prohibition or conditions of exit or after

the exit is in possession of the goods in violation of the prohibition or

the condition,



2. in the course of customs clearance has to be as

subject to a legal prohibition or conditions

for admission and thus give rise to importation completed in

violation of prohibition or condition,



3. to the country or from the country for a be supported

a condition prompted by that someone left the incorrect

task or failed to provide the required task to a

licensing authority or proceed in such a way in a

licensing authority and thereby gives rise to conditions

be notified and that the goods entering or leaving the country with

the support of the State,



4. have a be in breach of the conditions laid down for

or in connection with importation or exportation of the goods, or



5. a customs authority in another country, in violation of Chapter 4.

section 25 Customs Act (2000:1281), through a note in the accounts

register a product for free circulation and thereby provide

rise to the danger that an arrival to Sweden are completed in

violation of a prohibition or conditions.



In the case of the provisions concerning the customs treatment is not applicable

at the point of entry from or exit to another EU country, the

What is stated in the first and second paragraphs, subject

customs treatment rather than proceeding under the Act (1996:701) if

Swedish Customs ' powers at the Swedish border with another country

within the European Union. Act (2004:123).



3 section/entry into force: 2016-05-01/

The who, in conjunction with the introduction into the country of the goods which are the subject of a legal prohibition or conditions of admission, intentionally violate the prohibition or condition by failing to declare the goods to customs, is sentenced for smuggling to fines or imprisonment of up to two years.



As provided for in the first paragraph also applies to anyone who, in connection with such be brought into the country, deliberately leaves false information on customs treatment or fails to submit the required task for customs clearance and thus gives rise to the danger that the introduction is completed in contravention of the prohibition or condition.



For smuggling are sentenced also intentionally



1. from the country for a to be in violation of a legal prohibition or conditions of exit or after exit disposes of goods in violation of the prohibition or condition,



2. in the course of customs clearance has to be subject to a legal prohibition or conditions for entry and thereby gives rise to importation completed in contravention of the prohibition or condition,



3. to the country or from the country out a product on the basis of a licence of that someone left the false information or failed to provide the required task to a licensing authority or proceed in such a way in a licensing authority and thereby give rise to authorization and to goods entering or leaving the country with the support of the State , or



4. have a be in breach of the conditions laid down for or in connection with importation or exportation of the goods.



In the case of the provisions concerning the customs treatment is not applicable on importation from or exportation to another EU country, applies to what is stated in the first and second paragraphs, concerning customs treatment rather than proceeding under the Act (1996:701) about Swedish Customs ' powers at the Swedish border with another country within the European Union. Law (2016:275).



section 4 If an offence referred to in section 3 is deemed to be minor, sentenced


to monetary fines.



§ 5 If an offence referred to in section 3 is deemed to be serious, sentenced

for serious smuggling into the prison six months to

six years.



In assessing whether the offence is aggravated, the particular

be taken into account if the deed entered into as part of a crime

been pursued systematically or on a larger scale, if the Act

having regard to the circumstances of their importation, exportation

or disposal of particularly dangerous nature or if

the act otherwise involved a serious breach of a

significant interest.



section 6 Of the Act pursuant to section 3 of the drug, is convicted of

drug smuggling to imprisonment not exceeding three years.



If the crime is minor, shall be liable to a fine or imprisonment of up to six

months.



If the crime is considered aggravated, convicted of aggravated

drug smuggling to the jail, not less than two and not more than ten years.

In assessing whether the offence is aggravated, the particular

be taken into account if the Act intended a particularly large amount of drugs,

If the deed entered into as part of the activities carried out in

larger scale or professional, or if the business

or act otherwise been of particularly dangerous or

ruthless art.



section 7 of the recklessly commits an act referred to in 3

or section 6, is sentenced for illegal entry or illegal export

to a fine or imprisonment of up to two years.



For illegal entry or unauthorised dispatches condemned also the

by gross negligence



1. in connection with the exit from the country of the goods fails to

report the goods to customs treatment, leaving false information at

customs treatment or fails to submit the required task

at customs clearance, thus causing hazard to

such prohibition or condition referred to in paragraph 3, third subparagraph 1

or that provision together with section 6 is violated, or



2. provide false information or fail to submit

the prescribed task in connection with the application for authorisation

referred to in the third subparagraph of paragraph 3 of 3 or the provision

together with section 6, and thus gives rise to the danger that

the goods are brought into or out of the support of this State.



In the case of the provisions concerning the customs treatment is not applicable

at the exit to another EU country, the details of which are given in

second paragraph 1 concerning customs treatment rather than procedure

under the Act (1996:701) about Swedish Customs ' powers at

The Swedish border with another country within the European Union.



If the offence is minor, it shall not give rise to liability.



Customs offences, etc.



section 8/expires U: 2016-05-01/

The who, in conjunction with a to be brought into the country,

willfully fails to report the goods to customs treatment,

provide false information on customs treatment or fails

to provide the required task for customs clearance and

thus causing hazard to customs, other tax

or fee withheld the public, is sentenced for offences to

fines or imprisonment of up to two years.



For customs offence is convicted which intentionally gives rise to

danger to customs, other tax or fee withheld the

General or incorrectly credited or refunded

to him, or else by



1. in connection with the goods are brought out of the country, proceed as

referred to in the first subparagraph or, after exportation, possession

over the goods contrary to what has been assumed by the

customs treatment which took place on the occasion of the exit,



2. in the course of customs clearance in possession of an inserted be

contrary to what applies to this customs regime, or



3. violating the conditions at the customs regime of release for

free circulation were nominated for exemption or

reduction of a tax or fee.



For customs offences shall be liable also for the notification of a be

Customs clearance on the basis of a single authorisation under

regulations issued pursuant to Chapter 4. section 24 of the Customs Act

(2000:1281) the deliberately leaves false information or

failing to submit the required task and thereby provides

rise to the danger that the general tariff being removed.



When there is an obligation to provide a notification under

Chapter 3. 3 a of the Customs Act applies as specified in the first subparagraph.

What that said about notification to customs treatment, in

rather than apply such a notification referred to in Chapter 3. 3 a of the

the customs law.



This provision is applicable only in the case of such

Customs duties, other taxes and fees that the customs service shall

decide. Law (2010:109).



section 8/shall enter into force in: 2016-05-01/

The who, in conjunction with a to be brought into the country, willfully fails to report the goods to customs treatment, leaving false information on customs treatment or fails to submit the required task at customs clearance, thus causing hazard to customs, other tax or fee withheld the public, is sentenced for offences to a fine or imprisonment of up to two years.



For customs offence is convicted which intentionally gives rise to the danger that duty, other tax or fee withheld the public or incorrectly credited or refunded to him self or else by 1. in connection with the goods are brought out of the country, shall proceed as provided for in the first subparagraph or, after export, dispose of the product in violation of what has been assumed by the customs which occurred due to the exit,



2. in the course of customs clearance in possession of an inserted be contrary to those of this customs regime, or



3. violating the conditions at the customs regime of release for free circulation were nominated for exemption from or reduction of tax or fee.



This provision is applicable only in the case of customs duties, other taxes and fees that the customs service shall decide. Law (2016:275).



section 9 If an offence referred to in section 8 are considered to be minor, sentenced

to monetary fines.



section 10 If an offence referred to in section 8 are considered to be aggravated, sentenced

for serious customs offenses to jail six months to

six years.



In assessing whether the offence is aggravated, the particular

be taken into account if the Act moved very substantial amount, if

the offender used false documents or misleading

posting, if the deed entered into as part of a crime

committed systematically or on a larger scale or if

the act otherwise been of particularly dangerous species.



section 11 of The who recklessly commit acts referred to in section 8,

is convicted of reckless customs accounting to a fine or imprisonment

a maximum of two years.



If the offence is minor, it shall not give rise to liability.



Unauthorised dealings in contraband



section 12 of The who willfully wrapping, transporting, storing,

hides processes, acquires, transfers or agreements

transfer of lien on goods which were the subject of crime

According to the 3-11 sections, is convicted of illegal dealings in contraband

to a fine or imprisonment of up to two years. The Act shall not

entail responsibility, if it is insignificant with respect to the position,

the circumstances surrounding this, the nature and value

as well as other circumstances.



If the perpetrator did not realize but has reasonable grounds to believe

that the product has been the subject of a crime, shall be liable to a fine. If

the offence is minor, it shall not give rise to liability.



Liability under the first or the second subparagraph shall not be tried out,

If the Act is punishable by sentences in paragraph 1(1), 1, 3

or 4 the narkotikastrafflagen (1968:64) or in 3 a of the

narcotic drugs law in conjunction with those provisions.



paragraph 13 of the crimes referred to in paragraph 12 are considered to be

coarse, is convicted of aggravated unlawful position with contraband to

prison six months to six years.



In assessing whether the offence is aggravated, the particular

be taken into account if the deed entered into as part of a crime

been pursued systematically or on a larger scale, if the Act

intended position with the goods that were the subject of crime

whereby customs, other tax or fee to the very significant

amount was withheld the public or incorrectly

refunded or credited someone or if the Act

otherwise been of particularly dangerous species.



Attempt, preparation and conspiracy



section 14 for attempted smuggling, drug trafficking or

Customs offences and to attempt, preparation and conspiracy to commit aggravated

trafficking, serious drug smuggling, customs offences or serious

unauthorised dealings in contraband is sentenced to liability under 23

Cape. the Penal Code. The same applies to the preparation of

drug trafficking and conspiracy to commit such smuggling drugs

that is not to be regarded as minor.



Voluntary correction



section 15 of The voluntarily eliminate such danger referred to in paragraph 3 of the

the second paragraph or section 6, together with the provision or

in section 7, are sentenced not to liability under this provision. The who

volunteer to take an action that would result in customs, other

tax or fee referred to in paragraphs 8-11 may be imposed,

credited or refunded at the appropriate rate, not

responsible according to § § 8-13.



Forfeiture



section 16 if it is not clearly unreasonable, the following property

be declared forfeited:



1. be subject to a criminal offence under this Act or a

such a product's value,



2. Exchange of offences under this law, and



3. what one receives as compensation for costs incurred in connection

with an offence under this Act, or the value of the received,

If the receipt constitutes offences under this Act.



The goods referred to in the first subparagraph 1 or a special right

the software may not be declared forfeited, if the goods or

right after the crime has been acquired by someone who has not had


knowledge, or reasonable grounds for the adoption of the

connection with the crime. At the confiscation in accordance with the first paragraph 1 of

an item does not apply to the provisions of chapter 36. paragraph 5 of the first and

other paragraphs in the Penal Code concerning whom the confiscation may take place.



section 17 property that has been used as a tool for crime under

This law may be declared forfeited, if the forfeiture is needed

to prevent offences under this law, or if it otherwise

special reasons. The same applies to property which has been designed to

be used as a tool for offences under this Act, if the offence

has been completed, or if the procedure has been a punishable

attempt or a criminal preparation or stamping. In

instead of property may be declared forfeited its value. In 36

Cape. 5 and 5 (b) of the Penal Code provides for whom

confiscation may take place and if the particular right to forfeit

property.



Instead of forfeiture of the property or its value,

law may provide that any action taken with the property that

prevents further abuse of it. In such cases, however,

also part of the value of the property is declared forfeited.

Law (2008:520).



section 18 When a decision on confiscation of property legally

force, the property sold by the Agency of the Customs authority, or in the

the order generally applies to sales of forfeited

movable property. Property may instead be destroyed if



1. it can't be sold,



2. it can be expected to come to criminal use, or



3. it is otherwise unfit for sale.



As specified in the first subparagraph only applies if nothing else is

prescribed in law or regulation.



If instead of the property, its value has been declared forfeited

and the amount is paid within two months from

the decision on confiscation became final, shall

the property handed over to the owner. If the amount has not been paid

within that time, the property sold, as provided for

in the first and second subparagraphs and the amount charged

from the accumulated funds. If there is a surplus, then

the cost of the sale have been deducted, shall be paid

out to the owner or any other rightholders.



Pre-trial investigation and coercive measures



Investigation, etc.



section 19 of the Customs and Excise Department may decide to initiate preliminary investigation

According to Chapter 23. the code of judicial procedure relating to offences under this Act

or other crimes referred to in paragraph 1, second subparagraph. The

powers and duties-patient basis has

According to the code of judicial procedure applicable in such a case, the Customs and Excise Department.

The Customs and Excise Department to order the special executives in work

to fulfill the Agency's data.



Are things not of simple nature, the management of

the investigation has been taken over by the public prosecutor as soon as someone reasonably

can be suspected of the crime. The Prosecutor shall also otherwise take over

management, when this is necessary for specific reasons.



When an investigation led by a Prosecutor, the Prosecutor

enlist the assistance of the customs service. The Prosecutor may also entrust

officials at the Agency to take a certain action to be found

the preliminary investigation, if it is appropriate to the action

nature.



20 § before the preliminary investigation has been initiated, a

an official at the Customs and Excise Department or Coast Guard in accordance with

the provisions of Chapter 23. section 3, third subparagraph

the code of judicial procedure to hold hearings and take other

investigative measures that are relevant to the investigation of crimes

under this Act or other crimes referred to in article 1, other

paragraph. The measures taken shall be notified as soon as possible

for the person who has the right to manage the investigation relating to the crime.



The provisions of Chapter 23. section 8 of the code of judicial procedure if the power

for a police officer to require someone to accompany for questioning and to

bring someone to the hearing also applies to official at

Customs Service or Coast Guard in the investigation of offences under

This Act or other crimes referred to in paragraph 1, second subparagraph.



Arrest



section 21 of an official of the Customs and Excise Department or Coast Guard

the same powers as a police officer to under 24 Cape. paragraph 7 of the first

subparagraph, the code of judicial procedure seize the suspected of crimes

under this Act or other crimes referred to in article 1, other

paragraph. As provided for in the code of judicial procedure concerning the powers of the

and obligations in relation to the arrested applies to

officer to the same extent as that of a police officer and for

Customs Service to the same extent as for police.

Law (2014:677).



The seizure



section 22 of The official at the Customs and Excise Department or Coast Guard in

question about the offence under this Act or other crimes referred to in paragraph 1 of the

the second paragraph of the same powers as a police officer to under 27

Cape. section 4 of the code of judicial procedure take the property seized.



An official at the customs service or the coast guard or a

police officer, also in cases other than those specified in Chapter 27. 4 §

the code of judicial procedure take the property seized, if it can reasonably be assumed to

be forfeited due to offences under this Act or any other

offence referred to in paragraph 1, second subparagraph.



If the seizure is effected by a non-patient basis

or the Prosecutor and he has not decided if the seizure, shall

notification promptly made to him, and he shall immediately

examine whether the seizure shall be continued.



section 23 of the confiscated property shall be kept by the customs service, if not

otherwise or the Prosecutor determines otherwise.



section 24 of an authority, which has disposed of property that has been in

the seizure to the reasonably likely to be forfeited under section 16,

must immediately allow to sell it on



1. it can't be cared for without the danger that it is destroyed,



2. the care of it is associated with excessive costs, or



3. There are special reasons.



Such property may instead be destroyed, if



1. it can't be sold,



2. it can be expected to come to criminal use, or



3. it is otherwise unfit for sale.



If the property sold or destroyed, not forfeited,

the owner or other rights-holders are entitled to compensation. For

property sold is left, however, do not substitute with higher amounts

than what is earned from the sale. If the property has

destroyed, compensation will be provided with a reasonable amount.



What is provided for in the first and second paragraphs applies only

If nothing else is stipulated in the law.



section 25 of the Property seized under this Act and that

held by other than the customs service shall be forwarded to the Office,

If the seizure is lifted and the property shall be subject to



1. customs treatment, or



2. any action under



a) Act (1996:701) about Swedish Customs ' powers in Swedish

border with another country within the European Union, or



b) Act (1998:506) if the excise control of transport etc.

of alcohol products, tobacco products and energy products.



If the property has already been sold, the purchase price shall be submitted

to the customs service. Law (2007:465).



Custody



25 a of A customs official or Coast Guard in

question about the offence under this Act or other crimes referred to in

second subparagraph of paragraph 1 of the same powers as a police officer that, according to

26. section 3 of the code of judicial procedure take the property in custody. Such

action will be promptly notified to the Prosecutor, who immediately

try if the property should remain in custody.



As provided for in chapter 26. 3 a and 3 b of the code of judicial procedure

apply for the officer to the same extent as for a

police officer. Law (2008:520).



Search warrant



section 26 of The official at the Customs and Excise Department or Coast Guard in

question about the offence under this Act or other crimes referred to in

second subparagraph of paragraph 1 of the same powers as a police officer that, according to

28 Cape. paragraph 5 of the code of judicial procedure make searches without appointment

According to Chapter 28. section 4 of the code of judicial procedure.



Occurring reason that offence under this Act or any other

offence referred to in paragraph 1 has been committed, even in

otherwise than as stated in Chapter 28. section 1 of the code of judicial procedure

the search warrant is made in magazine or similar areas to

search for property that can reasonably be assumed to be forfeited on

as a result of such breach. Search warrant in accordance with this paragraph may

be made by an official of the customs service or the coast guard

or a police officer. Such officer or a police officer may, in

accordance with Chapter 28. paragraph 5 of the code of judicial procedure make this

search warrant without the writ under 28 Cape. 4 §

the code of judicial procedure.



Strip search and body inspection, etc.



section 27 staff members of the Customs and Excise Department or Coast Guard in

question about the offence under this Act or other crimes referred to in

second subparagraph of paragraph 1 of the same powers as a police officer that, according to

28 Cape. section 13 of the code of judicial procedure, decide on a physical examination and

body inspection without writ under 28 Cape. sections 4 and 13

the code of judicial procedure.



If there is reason to believe that a person, who in the immediate

associated with entry into or exit from the country reside

in the area adjacent to the Swedish land border or coastlines or in

near or within an airport or any other area

that has a direct connection with the rest of the world, with property

that can be seized on the basis of offences under this Act or

such violations of the narkotikastrafflagen (1968:64) referred to in section 12

third subparagraph, strip search, superficial body inspection

or specimen collection must be carried out on him or her. On the one

is under the age of 15, superficial body damage inspection be performed only if

There are special reasons. No one may be detained for the

specimen collection. Measures under this paragraph may be decided by the

an official at the customs service or the coast guard. Such


officer may decide on the measure without the writ under 28

Cape. 4 and 13 of the code of judicial procedure.



An official at the customs service or the coast guard with support

by this law, measures against anyone in connection with the

the intervention in so far as is necessary for

security reasons



1. take care of weapons or other dangerous objects while

the intervention is in progress, and



2. search the person for such objects to be

be taken care of.



section 28 of the Customs and Excise Department may decide on a physical examination of each

travellers with a specific transport or for a certain

specified, the shorter period arrives in or departs from a

some border or coastal town or any other place that has connected

with the rest of the world (special controls).



A special control may be decided only if



1. There is reason to believe that one or more passengers,

with the means of transport or in time space arriving or

departing from the site, has committed or is about to commit

an offence under section 5 or section 6 of the third subparagraph, or attempt to

such an offence;



2. adequate data were not available to direct suspicion against a

particular person or small group of persons, and



3. the measure is necessary in order for a crackdown on crime

to happen.



Decision concerning the special inspection must be made by the Chief Administrative Officer of that

designated for assignment by the head of the customs service. Decision

shall be considered by the customs officer or by the Agency's general counsel.

If it is obviously the danger in delay, the decision without

such a review shall be enforced immediately. Act (2004:210).



section 29 of the strip search, which is more significant, and

body inspection shall be performed indoors in separate room or

in the appropriate space in the means of transport and, if

investigation or examined the request and it may

take place without major round, in the presence of witnesses. Strip search

and body condition of women may not be executed or

witnessed by other than women, physician or licensed

nurses.



A record must be kept and the certificate is issued if made

Strip search or body inspection, if it examined

request it by Ordinance or if items are seized.



Eligibility requirements



section 30 of the decision concerning the use of coercive measures may only be taken by

an official at the customs service or the coast guard, which holds

job title that is associated with such power and that have

required training for the purpose. The same applies to

for the enforcement of decisions concerning the use of coercive measures.



Prosecutions and actions or confiscation orders



section 31/expires U: 2016-05-01/

Can the offences referred to in



1.3, or section 4, or attempts at such crimes or to section 7 of the

give rise to such a fee pursuant to section 3 of the Act (1975:85)

empowered to provide for entry or exit

of goods is levied, or



2. section 8 or 9, or attempts at such breach or section 11

prompt customs allowances referred to in Chapter 8. 2-4 of the Customs Act

(2000:1281) accrual



get the criminal prosecution be instituted only where appropriate by

special reasons.



What is said in the first paragraph also applies to an action for forfeiture

According to section 16.



the entry into force of section 31/in: 2016-05-01/

Can the offences referred to in



1.3, or section 4, or attempts at such breach or section 7 require such a fee pursuant to section 3 of the Act (1975:85) with the authority to provide for check-in or departure of the goods accrues, or



2. section 8 or 9, or attempts at such breach or section 11 lead Customs allowances referred to in Chapter 5. 5 – 10 of customs law (2016:253) accrual



get the criminal prosecution be instituted only where appropriate for specific reasons.



What is said in the first paragraph also applies to an action for forfeiture pursuant to section 16. Law (2016:275).



32 § in cases of offences under this Act or other crimes

referred to in paragraph 1 shall be kept by the special action

commissioned officers at the customs service, if it is

evident that the penal value corresponding to fines and to

the offence shall not give rise to any other penalty. Such

executives may also make decisions under paragraph 3 of the fourth

law (1986:1009) on the procedure in certain circumstances at

confiscation, etc.



The provisions of the first subparagraph shall not affect the General

prosecutors charge correct.



section 33 if the owner of an article, which may be forfeited pursuant to section 16 of the

first paragraph, cannot be served subpoena in the manner that is

prescribed for mood in criminal cases, the claim for other tangible property

than means of transport brought against that of which the product was found.

With transport means, of course, motor vehicles and related

trailers, boats and aircraft.



Transitional provisions



2000:1225



1. this law shall enter into force on 1 January 2001, when the law

(1960:418) of punishment for smuggling of goods shall cease to be valid.



2. after its entry into force does take such a position, such as

specified in section 12 or 13, with an article that has been the subject of

smuggling of goods under the Act (1960:418) of punishment for

smuggling of goods to be found guilty under section 12 or 13.



3. In the case of goods which were the subject of smuggling of goods or

attempts at smuggling of goods under the Act (1960:418) of punishment for

smuggling of goods shall be applied as the law is

before written on confiscation. What is prescribed in this law

on confiscation shall, however, apply if it leads to a

milder assessment.



4. as provided for in 19-22 and 24-27 sections on action at

offences under this law shall also apply in respect of crimes

under the Act (1960:418) of punishment for smuggling of goods.



5. in the case of prosecution for violation of the law (1960:418) of punishment for

smuggling of goods, and in the case of forfeiture as a result of such

crimes, 20, 23 and 24 of the Act still applied.



2003:813



This law shall enter into force on 1 January 2004. Older regulations

is still valid for conditions pertaining to time

before the entry into force.



2011:1405



1. this law shall enter into force on 1 January 2012.



2. Older rules still apply in respect of deeds

committed before the entry into force.