Advanced Search

Act (2000:562) On International Legal Assistance In Criminal Matters

Original Language Title: Lag (2000:562) om internationell rättslig hjälp i brottmål

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Chapter 1. Introductory provisions



paragraph 1 of this law provides for legal assistance in criminal matters

in Sweden and abroad.



This chapter lays down the law

scope of the directive.



In Chapter 2. There are general provisions on judicial assistance in

Sweden. In Chapter 3. see General regulations on legal aid

abroad.



In Chapter 4. There are special provisions relating to various forms of

legal assistance.



In Chapter 5. contains provisions on conditions of användningsbegräns-

tions, immunity, confidentiality, sharing of forfeited property

between States, recovery of costs, as well as detailed before-

publications and announcements.



Scope of application



section 2 of the mutual legal assistance under this Act includes the following

measures:



1. hearings in the course of preliminary investigation in criminal matters,



2. the taking of evidence by the Court,



3. telephone interviews,



4. a hearing by videoconference,



5. garnishment, seizure and search warrant and other measures

referred to in Chapter 28. the code of judicial procedure,



6. the secret interception of electronic communications and secret

monitoring of electronic communications,



7. technical assistance with the secret interception of electronic

communications and covert surveillance of electronic

communication,



8. authorization for cross-border covert interception of

electronic communications and covert surveillance of

electronic communication,



9. secret surveillance,



10. secret room eavesdropping,



11. transfer of detainees for questioning, etc., and



12. the forensic investigation of a deceased person.



The law does not prevent the use of different measure than such

referred to in the first subparagraph if it can be done without coercion

or other coercive measure.



In the case of surrender, extradition and the service is available

Special provisions. There are also special provisions

on legal assistance in criminal matters to some international bodies.

Law (2012:284).



3 § If another State apply for legal assistance in Sweden with a

action in judicial proceedings relating to the investigation or

prosecution of an offence by a natural or legal person shall

the assistance requested pursuant to the provisions of this law.



4 § legal assistance in Sweden submitted by a prosecutor or a court,

unless otherwise provided in this Act.



paragraph 5 of the legal aid under section 2 shall also be provided



1. in the cases in the requesting State or in Sweden

processed in a pre-litigation procedure or in another

procedure than a criminal proceeding,



2. in cases involving damages for incorrect

detention, prosecution or court judgment, or



3. in the cases joined to criminal proceedings.



The first subparagraph of paragraph 1 applies only to the extent it has

agreed in an international agreement which is binding

for Sweden.



section 6 of the legal assistance under paragraph 2 of also to be in matters

comes graciousness, suspension of imposition or execution of

sentence, conditional release or interruption of enforcement of

punishment and in similar cases.



section 7 of this Act, there are certain provisions that a Swedish

prosecutors may apply for legal assistance abroad. The law

does not prevent a Swedish prosecutors also otherwise apply for

legal assistance abroad to the extent that the other State

allows it.



A Swedish court may only apply for legal assistance

abroad in accordance with the provisions of this law.



The provisions of this law on legal assistance abroad, in

applicable, also apply in relation to the

tribunals referred to in the Act (1994:569) on Sweden's cooperation

with the international criminal tribunals for crimes against

international humanitarian law and the Court indicated in

Act (2002:329) on cooperation with International

the International Criminal Court. Team (2013:447).



section 8 of this Act does not apply when the criminal record information is exchanged

with the support of the Council framework decision 2009/315/JHA of 26 February

2009 on the organisation of the Member States relating to the exchange of information

criminal record and content. For such

Exchange applies instead Act (1998:620) about

load records and regulations issued by virtue of the

the Act. Law (2012:764).



Chapter 2. General provisions on legal assistance in Sweden



General prerequisites



section 1 the legal assistance referred to in Chapter 1. 2(1), 1-6,

9, 10 and 12 shall be supplied under the conditions that apply to

a similar measure during a Swedish preliminary investigation or

proceedings under the code of judicial procedure or any other law or

Constitution and according to the specific provisions of this law.



Legal assistance referred to in Chapter 1. 2 paragraph 7, 8 and

11 be provided according to the specific provisions of this law.



In Chapter 5. section 2 provides for the legal aid

may be subject to conditions in some cases. Law (2007:982).



section 2 of the legal assistance referred to in Chapter 1. 2 paragraph 1-4, 7

and 11 shall not be subject to the Act to which it relates do not

corresponds to a crime under Swedish law. Legal assistance referred to

in Chapter 1. 2 paragraph 5, 6, 8, 10 and 12 may only be submitted

If the Act to which it relates is equivalent to an offence under

Swedish law (dual criminality), subject 4

Cape. section 20 in respect of search and seizure. Law (2007:982).



Application



section 3 of the application for legal assistance in Sweden under this Act may

made by foreign prosecutors, investigating judges, other judges

or a court or of any other which, in the opinion of an international

agreement binding on Sweden may make such

the application.



4 section A request for legal assistance in Sweden under this Act

should contain



– indication of the foreign court or authority

handling the case,



– a description of the legal proceedings in progress,



– an indication of the current deed with the time and place of the

This, as well as the rules applicable in the

requesting State,



– a statement of the relief requested and, where applicable,

cases, in what capacity the person to be heard,



– the name and address of the persons who are present in the

case.



In Chapter 4. 8, 11, 14, 24 a, 25, 25 (b), 25 (c), 26 a, 29 and

29 (a) § § there are special rules about what an application

further will contain at some kind of action.



If the matter is urgent or if enforcement is desired in the

certain time limit, this should be indicated and justified.



An application for legal aid shall be made in writing by

mail, courier or facsimile. It may also, by appointment

in each case, be transmitted in other ways.

Team (2013:836).



section 5 an application for legal assistance and attached documents shall

be written in Swedish, Danish or Norwegian or be accompanied by

a translation into one of these languages, unless the instance

as under the present law dealing with the application permits the

individual case.



section 6, an application for legal assistance in Sweden under this

law shall be submitted to the Department of Justice, which leaves

application to the public prosecutor's Office or to the competent court

If no application shall be examined by the Government.



The Department of Justice, after consultation with the

Prosecutor request directly to the competent

prosecutors.



An application from a Member State of the European Union

or from Iceland, Norway, Switzerland or Liechtenstein may

be made directly to the competent prosecutor or a court. The same

applies where an international agreement that is

binding of Sweden has agreed to the application may

sent directly. Law (2011:1208).



Eligibility and submission to another Prosecutor or District Court



section 7 of the application under this Act are dealt with by the Court shall

dealt with by the District Court in whose area the requested

action shall be taken unless otherwise provided in this Act.



The Government or the authority, as the Government determines

Announces rules on the Prosecutor is competent to

deal with matters under this Act.



Where it is found that a prosecutor or a court is not

jurisdiction to deal with the application shall be submitted to the

the competent prosecutor or District Court. After consultation, application

be submitted also in other cases where appropriate.

Act (2005:491).



Notifications



section 8 has been requested by the foreign authority, the

Prosecutor or district court handling the case to confirm that

application is received, unless the requested action can be taken

immediately.



Can a requested action not taken within the time limit

specified in the application and it can be assumed that this will

complicate the proceedings in the requesting State, the Prosecutor

or district court handling the case without delay, inform the

the foreign authority when the requested operation can

taken.



If during a prosecutorial examination of a case if the

legal assistance will arrive that it may be appropriate to take

even a different action than it requested, the Prosecutor

immediately notify the requesting State of that fact.

Act (2005:491).



Incomplete applications and refusal of enforcement



section 9 If the application does not contain the information necessary for the

proceedings, the requesting State shall be given the opportunity to

complete the application. If the application may be accepted only in part

or, under certain conditions, should the applicant State

informed of the barriers and be given an opportunity to be heard

or supplement or modify the application.



Procedure



10 § requests for legal assistance shall be handled promptly.

Unless otherwise provided in this law applies the same procedure

as when a similar measure taken in a Swedish

preliminary investigation or trial. A court may decide to


the processing shall be carried out in whole or in part in a foreign

language, if appropriate.



section 11 Contains an application a request for a certain procedure,

This shall apply, unless the requested procedure battles

on basic principles in the Swedish legal system.



section 12 of The to be heard or otherwise fulfill anything under

This law has the right to refuse, if there is support for it in Swedish

law or the law of the requesting State.



Public Defender, counsel and support person



paragraph 13 of a suspect, accused or plaintiff to be heard

under this Act, or otherwise affected by a measure requested;

have the same rights to public defenders, counsel for the

or support person at a Swedish preliminary investigation or

trial.



In Chapter 4. section 3 special provisions on public

Defender.



Examination of the application and the decision rejecting



section 14 of the application for legal aid is to be refused if an assent

the request would violate the sovereignty of Sweden, endanger

for national security or violate Swedish General

legal principles or other essential interests.



A request for legal assistance may also be rejected if the



1. the Act has the character of a political offence;



2. the deed constitutes a military offence, if not the deed

also corresponds to another offence under Swedish law which is not

a military offence;



3. in Sweden has issued a judgment or decision on

the failure of prosecution or penalty warning regarding the deed,

or



4. circumstances or else are such that the application should not be

must be upheld.



The second paragraph does not apply if a refusal is contrary to a

international agreement in force between Sweden and

the requesting State. Second paragraph 1 does not apply to the application

from a Member State of the European Union or from

Norway or Iceland. Law (2015:84).



section 15 decision rejecting any of the grounds referred to in paragraph 14 of the

taken by the Government. If a prosecutor or a court finds

that an application should be refused on such grounds, the application

handed over to the Government. An application may be submitted to

examination of the question of refusal also in other cases.



Otherwise, try the court handling the case if the

conditions laid down by law are met. If

the application has been submitted to the Department of Justice and it is

obvious that the application is to be refused, the responsible Minister, in

rather than forwarding the application under section 6, directly

decide on the refusal of the application. Law (2015:106).



paragraph 16 of the decision to reject an application shall contain the reasons

particularly the end.



Återredovisning



section 17 If the handling of the case has been completed, it shall

are reported to the Justice Department for transmission to the

the requesting State. Have the application sent directly under section 6,

the second paragraph, the matter shall instead reported directly to

the requesting authority.



Chapter 3. General provisions on legal assistance abroad



the provisions of section 1 of Chapter 2. the first and third subparagraphs of paragraph 4 of

shall apply in the case of an application for legal assistance abroad

subject to the provisions of an international agreement that is

binding of Sweden or of requirements from the host

State.



In Chapter 4. 9, 10, 13, 24 b, 26, 26 c and 31 a section, see

specific provisions on what an application additional to

contain in some kind of action. Team (2013:836).



section 2 of an application from Swedish prosecutors or court on that one

measure referred to in this law shall be taken abroad shall

sent to the Justice Department for transmission to the

foreign State.



An application for legal assistance in Denmark, Finland, Iceland or

Norway is sent directly to the competent authority. The application may also

sent directly to the competent authority of another State

is part of an international agreement that is

binding on Sweden or if the state otherwise permits it.



section 3 of Chapter 5. paragraph 1 provides for the situation when

legal assistance provided to Sweden is associated with conditions.



Chapter 4. Specific provisions relating to various forms of legal assistance



Hearings in the course of preliminary investigation in criminal cases



§ 1 an application for questioning in Sweden in accordance with the provisions of

preliminary investigation in criminal cases are dealt with by prosecutors.



Representatives of the requesting authority may be present at the

the hearing and may, with the consent of the Prosecutor pose questions directly

to the person interviewed.



Evidence in court



Evidence at the Swedish court



section 2 of the application for the taking of evidence by a Swedish court by

interrogations, written document or view are handled by the District Court.



The case shall be regarded as evidence except

main hearing. The Party shall be notified of the time and

place of hearing but need is called only if the party

shall be heard or otherwise carry out something in evidence.



3 § at the taking of evidence, public defender under Chapter 21.

the code of judicial procedure may be appointed for the accused or defendant

even otherwise than as described in Chapter 2. section 13, if there is

special reasons.



section 4 of the judge at the foreign court or representative of

the authority requesting the evidence may participate in this

and, with the consent of the Court put questions directly to the

is heard.



§ 5 If the requesting State has made requests for it,

Swedish prosecutors participate in the taking of evidence in order to monitor the

requesting the State's interests.



Evidence for foreign courts



6 § in proceedings or case in a Swedish court, the Court may

decide that the evidence shall be taken up by a foreign court. Such

evidence may relate to vision, written evidence or hearing of

a witness, expert witness, party, the plaintiff or any referred to in 36

Cape. the second and third subparagraphs of paragraph 1 of the code of judicial procedure.



section 7 if the measures referred to in Chapter 23. 13-15 of the code of judicial procedure

shall be taken by a foreign court and the foreign State

requires that the application shall be considered by the Court in Sweden,

a District Court at the request of the Prosecutor, order that such measures

to be taken abroad.



Telephone interrogation



Questioning someone in Sweden



section 8 a foreign authority must keep telephone questioning of a person

in Sweden and who agree to the interview.



If the foreign authority needs the assistance of a Swedish

a prosecutor or court during the hearing, the authority may apply for

legal assistance with telephone interviews. Such a request for legal

assistance in legal proceedings are dealt with by the District Court. An application for

legal assistance with telephone interviews during investigation

are handled by the prosecutors. The application shall specify that the

to be consulted agree to phone inquiries.



The time of a hearing referred to in the second subparagraph and residual

practical questions related to the hearing shall be decided after

consultation of the authority of the requesting State. The program shall

a hearing shall be notified of the time and place of the hearing.

Identity and consent to a telephone hearing shall

checked. If the requesting State so requests, or if the

There are special reasons, paragraph 11 shall apply. In so

cases, also section 12 shall apply. Act (2005:491).



Interviews with someone abroad



§ 9 the provisions of the code of judicial procedure concerning hearings by telephone at

the main hearing may be applied when the person to be examined is

in another State, if the State allows it.



If the other State requires that its authorities to help

at the hearing, the Swedish court apply for judicial

help with phone interview.



Need a Swedish court using foreign authority with a

phone interviews, the Court may apply for legal assistance with

hearing about it have agreed on such assistance in a contemporary

agreement with the other State or of the state otherwise

providing such assistance.



Of a request for legal help with phone interviews, the

State that the person to be examined consents to telephone hearings.

Act (2005:708).



section 10 Prosecutors may hold phone interviews during the investigation with

a person in another State if that State

allows it.



The provisions of § 9 second-fourth subparagraphs shall also apply in the case

If the application of the Swedish public prosecutor for legal assistance.



Hearing by videoconference



Questioning someone in Sweden



section 11 of the application for legal assistance with hearings by

video conferencing in the trial with anyone who is in

Sweden shall be heard by a District Court. Interviews with a

accused may be made only if he or she agrees to the

the questioning. Consent shall be indicated in the application.



During the proceedings in the District Court, the matter shall be considered as a

evidence except the main hearing. The Party shall

be notified of the time and place of hearing but

need be called only if he or she is to be heard or otherwise

accomplish something in the evidence. If necessary,

the right to decide if the assistance of an interpreter.



An application for legal assistance with hearings by video conference

during the preliminary investigation should be handled by prosecutors. Questioning of

a suspect may be made only if he or she agrees to the

the questioning. Team (2013:836).



section 12 of a witness or expert, to be heard at a

video conference under section 11, shall be accompanied by the appropriate person

personal support (support person) during the interview.



If the person to be examined or where it otherwise

reason, the District Court shall appoint a person to assist the

shall be heard in accordance with the first paragraph. In the case of the processor

applied 26, 27, 29, 43 and 47 of the Act

(1996:1619). Otherwise apply procedural rules on the beam


legal representation.



Interviews with someone abroad



section 13 in proceedings or case in the Swedish court, the Court may,

provided that the video conference in the lawsuit is

allowed under Swedish law, apply for legal assistance with

questioning by the authority of another State through video conferencing with

a person in that State if it is agreed

If such judicial assistance in an international agreement

with the other State or of the state otherwise provides such

help. When it comes to questioning of an accused person, it shall by

the application shall state that the who should be consulted agree to the interview.



Prosecutors may apply for legal assistance by foreign authority

with hearings by video conference during the search with a

person who is in another State if it has been agreed

If such judicial assistance in an international agreement

with the other State or of the state otherwise provides such

help. Questioning of a suspect may be made only if he or

she agrees to the hearing. Team (2013:836).



Garnishment, seizure and search warrant and other measures referred to

in Chapter 28. the code of judicial procedure



The application and procedure



section 14 Of the application for the attachment or seizure in Sweden shall,

If the judgment has been given in the requesting State, a copy of the judgment

be annexed. An application for an attachment order referred to in section 23, in

If applicable indicate when criminal charges shall be brought

or they can be communicated in the requesting State.



section 15 an application for attachment in Sweden is handled by prosecutors.

The latter shall immediately ascertain whether there are conditions for

the action, and in such cases submit the case to the right of

decision.



section 16 an application for seizure in Sweden, or if the search warrant here

to search for property that is subject to seizure, are dealt with

by prosecutors.



Effected the seizure shall promptly be notified of the right of

trial. Rättten shall as soon as possible hold a hearing

in the query. At the hearing, it shall apply the provisions of Chapter 24.

the second subparagraph of paragraph 17 of the code of judicial procedure.



section 17 of the representatives of the authority requesting the measure may

participate in negotiations concerning attachment and seizure and, with

the consent of the Court put questions to the affected by

operation.



section 18 of the application for that other measures in accordance with Chapter 28.

the code of judicial procedure than referred to in section 16 shall be taken in Sweden

are handled by the prosecutors.



The seizure and surrender of property to another State



section 19 of the Property may be seized and handed over to the requesting

State if the property can reasonably be assumed to



-be relevant to the investigation of the offence,



-be frånhänd anyone through crime, or



-be forfeited because of the crime, if the property had been

forfeited under Swedish law in a trial in Sweden and the

There are special reasons to surrender the property to the requesting

State.



20 § Although the deed to which it relates does not meet

a crime according to Swedish law, search warrant pursuant to section 16 of the

be made and property be confiscated and handed over to the

requesting State if the application is made by a State which is

a member of the European Union or of Iceland, Norway,

Switzerland or Liechtenstein and it for the Act can

sentenced to imprisonment in the requesting State.



In such a case for legal assistance referred to in Chapter 1. paragraph 5 of the

the first subparagraph of paragraph 1, the search warrant to be made, and the property is taken

seized and handed over to the requesting State if the

the Act applied for corresponds to an offence for which

According to Swedish law or under the law of the requesting State

is prescribed imprisonment for six months or more.

been said now is not the case if the first subparagraph is applicable.

Law (2011:1208).



section 21 of the right to rule on the seizure legally founded and if

the property shall be surrendered to the requesting State.



section 22 of the Decision to hand over seized property to another

State enforced by the Prosecutor.



Seizure and attachment to ensure enforcement of

Sweden of foreign confiscation decision



23 § If forfeiture is decided in another State can

enforced here and it could reasonably be expected to

the enforcement in Sweden of the foreign confiscation decision

would otherwise be hampered,



1. property that has been forfeited or can reasonably be assumed to be

forfeited because of crimes are seized, or



2. the garnishee shall be decided on as much of the affected assets

corresponding to the value of what has been forfeited or reasonably

can be assumed to be forfeited.



24 § When the Court decides if the lien or set a

enforced seizure, the Court shall determine the duration of the action

the longest may consist. The appointed time may be extended if there is

reason for it.



If there are no more reasons for the attachment or seizure, shall

the right cancel the operation. Before the lien or seizure is terminated,

the Court shall provide the requesting State an opportunity to comment,

unless it is clear that it is not needed. Otherwise,

the measure until the application for enforcement

be examined.



The development of the DNA profile of a person who is staying in Sweden



section 24 (a) at the request of another State, legal assistance is provided with

taking samples for DNA analysis to a person residing in Sweden,

analyze the test and develop a DNA profile, if the application

It is apparent from



1. the purpose for which the DNA-profile needed,



2. that the DNA profile of the person missing in the requesting State,

and



3. it had been poised to take equivalent

measures if the person had been resident in the requesting State.

Law (2011:906).



The development of the DNA profile of a person residing abroad



24 b § Prosecutors may apply to a foreign authority if

legal assistance with taking samples for DNA analysis to a person who

staying in the State, analyze, test, and develop a DNA

profile, if



1. the DNA profile of that person is missing in Sweden, and



2. it had been poised to take equivalent

measures if the person had been resident in Sweden.



An application must indicate that the conditions laid down in the first

paragraph 1 and 2 are met, and for which purpose DNA

the profile is needed. Law (2011:906).



Legal assistance and technical assistance with the secret interception of

electronic communications and covert surveillance of

electronic communications



Legal assistance in Sweden with the secret interception of electronic

communications and covert surveillance of electronic

communication



section 25 of the application for the secret interception of electronic

communication or covert surveillance of electronic

communication by someone who is in Sweden are dealt with

by prosecutors. The application must indicate during which time

the operation is desired, and such information is needed to

the measure can be implemented. The Prosecutor shall immediately ascertain whether

There are prerequisites for action, and in such case

apply for a licence for the operation of the Court, or, when it gets

be in accordance with Chapter 27. 21 a of the code of judicial procedure, decide yourself

operation.



Recordings and records need not be audited according to the

27 Cape. section 24 of the code of judicial procedure. If the public prosecutor has decided

According to the first subparagraph, the återredovisning referred to in Chapter 2. section 17

only then the right decision on secret interception of

electronic communication or covert surveillance of

electronic communications. Recordings and records may

be preserved after the matter of legal assistance have been concluded

and återredovisning according to Chapter 2. section 17 only if this

permitted by chapter 27. section 24 of the code of judicial procedure.



In the case of notice to an individual pursuant to Chapter 27.

31-33 of the code of judicial procedure, the provisions of Chapter 27. 31 §

fourth subparagraph, second and third subparagraphs of paragraph 33 the same beam

not to be used. Notification shall be given as soon as it can be done

After the measure referred to in the first subparagraph have been completed.

The notification shall, in addition to what follows from 27. 33 §

the first paragraph of the code of judicial procedure, may be postponed if the privacy

under Chapter 18. section 17 of the public access to information and secrecy

(2009:400). If because of privacy has not been able to

provided any notice within one year from the operation

ended, need notification is not provided. Intelligence

should not be provided if the investigation concerns offences which correspond to

offences specified in Chapter 27. paragraph 33

the code of judicial procedure. Law (2014:1424).



Immediate transmission of messages or data on

messages from Sweden to the requesting State



25 a of the decision of the Court under section 25 to allow secret

the interception of electronic communications or secret

monitoring of electronic communications may be executed by

immediate transmission of messages or data on

messages to the requesting State, if it can be done under

reassuring forms. Enforcement through instant transfer

may only be made in relation to a State which is a member of

The European Union or to Iceland or Norway. The Prosecutor

examining whether the conditions for immediate transfer, see. If

immediate transmission of messages, recording or

record cannot be made in Sweden, and 27. 31-33 §§

the code of judicial procedure shall not apply. Law (2012:284).



Technical assistance in Sweden with the secret interception of

electronic communications and covert surveillance of

electronic communications



25 (b) § technical assistance with secret interception of electronic

communication or covert surveillance of electronic

communication in the form of immediate transmission of messages

or details of the messages may be submitted in Sweden according to

This clause.



Technical assistance provided at the request of another State

a member of the European Union or of Iceland or Norway, if




1. the interception or monitoring refers to someone who is

in one of these States,



2. the application contains a confirmation that a decision on the

secret interception of electronic communications or secret

surveillance of electronic communications in a criminal investigation

a court in the requesting State, and



3. immediate transmission of messages or data on

messages can be made secure forms to the

requesting State.



The application shall indicate, during which time the action desired.

The application must contain such information as is necessary for

action to be implemented. If the person filing

is not present in the requesting State, shall also

indicated in the application to the authorisation referred to in paragraph 26 (a)

has been provided by the State in which the person resides.



Application shall be examined by prosecutors. For the decision on technical

assistance applied 27 Cape. section 18 of the first and third subparagraphs, article 19

first subparagraph, paragraph 20, paragraph 21, second and third

the paragraphs and section 23 of the code of judicial procedure.



If immediate transfer of messages, recording

or record shall not be carried out in Sweden. Law (2012:284).



paragraph 25 (c) If a State has requested technical assistance pursuant to paragraph 25 (b)

but immediate transfer is not possible, the Prosecutor shall provide the

requesting State an opportunity to get the application processed as a

application under section 25. Examination of legal assistance with secret

the interception of electronic communications or secret

monitoring of electronic communications relating to this

case someone who is in another State, if the person who

the measure concerns not in the requesting State, shall

the application shall state that the authorisation referred to in

26 section has been provided by the State in which the person resides.

Law (2012:284).



Legal assistance and technical assistance abroad with secret

the interception of electronic communications and covert surveillance

of electronic communications



section 26 of the public prosecutor may apply to a foreign authority if the legal

help or technical assistance with secret interception of

electronic communication or covert surveillance of

electronic communications of someone who is in another

State or in Sweden.



If the other State requires that the application should first be reviewed by the

a court in Sweden, the law at the request of Swedish prosecutors

examine the issue of allowing the secret interception or

secret surveillance is applied in accordance with the first paragraph refers.



Of the application referred to in the first subparagraph shall be indicated in the

time the operation is desired, and such information is needed to

the measure can be implemented. If the other State require a

conditions referred to in the second subparagraph, the application shall contain a

confirmation that such permission has been granted.

Is the person to whom the action is not in the State where the

legal assistance or technical assistance is requested, the application

indicate that the authorisation referred to in paragraph 26 (c) has been submitted

of the State where the person resides.



If consent is granted in accordance with the second subparagraph, the provisions

If the notice to the individual of 27 Cape. 31-33 §§

the code of judicial procedure shall apply only when the recording or

record of interception or monitoring takes place in

Sweden. Law (2012:284).



Authorisation for cross-border covert interception of

electronic communications and covert surveillance of

electronic communications



Permit in Sweden for transnational secret eavesdropping

of electronic communications and covert surveillance of

electronic communications



26 a of a State that is a member of the European Union or Iceland

or Norway may apply for permission to do that, but Swedish

Counsel, in a criminal investigation conduct covert interception of

electronic communication or covert surveillance of

electronic communications of someone who is in Sweden.

Application processed by public prosecutors. The application shall specify in

the time this operation is expected to last. The application must also contain

a confirmation that a decision about the secret interception of

electronic communication or covert surveillance of

electronic communications have been issued in the requesting

State.



The Prosecutor shall immediately ascertain whether there are conditions for

secret interception of electronic communications or secret

monitoring of electronic communications and, if so,

apply for a licence for the operation of the Court.



The conditions laid down in Chapter 27. 18 – 20, 21 and 22 of the

the code of judicial procedure to be applied in the granting of permits.

The right should also apply the corresponding procedure set out in 27

Cape. 26 and 28 to 30 of the same beam. The decision of the District Court shall not

subject to appeal. Law (2012:284).



26 b of a decision under section 26 shall be notified within 96 hours

from the time of receipt of the application or, if there are special reasons,

within a maximum of 12 days from application.



The Prosecutor shall immediately inform the requesting State when a

decision under section 26 has been notified. If permission is refused,

notification indicating that the interception or monitoring does not

may be made, or immediately cease. In such a case,

the notification must also indicate that the material reproduced or

captured may not be used or that it may only be used

on the conditions under which the Prosecutor asks. Law (2012:284).



Permit from another State to cross-border undercover

the interception of electronic communications and covert surveillance

of electronic communications



26 c § has decision on secret interception of electronic

communication or covert surveillance of electronic

communication in a criminal investigation in Sweden and

is the person to whom the decision relates in another State

is a member of the European Union or in Iceland or Norway,

messages or information about messages that are transferred to

or from the person be intercepted or monitored in the other

State, without help from the State, if



1. the measure may be made in accordance with an international agreement

binding between Sweden and the other State, and



2. the second State permission for the operation.



Application for authorisation is made by prosecutors. Of the application to the

indicate during which time the operation is expected to last. The application should

also contain a confirmation that a Swedish decision

secret interception of electronic communications or secret

monitoring of electronic communications has announced.



If the decision on the secret interception of electronic communications

or covert surveillance of electronic communications have

a court in Sweden but not the interception or monitoring

has begun when it becomes known to the person to whom the action

concerns in a foreign State as specified in

the first subparagraph shall be applied for permission from the other State

before the interception or monitoring begins. Has

the interception or monitoring activities already initiated in Sweden and

would the public prosecutor to the interception or monitoring should

continue in the other State, he or she shall immediately

apply for authorisation in the other State. Interception or

in such a case, the monitoring may continue during the

time the issue of permission is tested.



What is said in the third paragraph, second and third sentences

apply mutatis mutandis, if the interception or

the monitoring carried out on the basis of an authorization of an alien

State and it will forward to the person as the measure concerns

is in a State other than the State of origin

the authorization. Law (2012:284).



Secret surveillance



Secret surveillance of someone in Sweden



section 27 applications for secret surveillance of someone who

is in Sweden is handled by prosecutors. The Prosecutor shall

immediately examine whether there are conditions for the operation and

such a case may apply for authorization of the Court or, when it gets

be in accordance with Chapter 27. 21 a of the code of judicial procedure, decide yourself

operation.



Recordings need not be audited in accordance with Chapter 27. section 24

the code of judicial procedure.



If the Prosecutor has taken a decision pursuant to the first subparagraph, shall

återredovisning according to Chapter 2. section 17 only then right

decided on the secret surveillance. Recordings may

be preserved after the matter of legal assistance have been concluded

and återredovisning have been made under Chapter 2. section 17 only if

This is permissible according to Chapter 27. section 24 of the code of judicial procedure.



In the case of notice to an individual pursuant to Chapter 27.

31-33 of the code of judicial procedure, the provisions of Chapter 4. section 25

third paragraph, this Act shall apply. Law (2014:1424).



Secret surveillance of someone abroad



section 28 If secret surveillance to take place by someone who

is in another State and the other State requires that

the application should first be considered by the Court in Sweden, District Court

at the request of Swedish prosecutors may decide to allow:

camera surveillance.



The provisions concerning notification to the individual in 27 Cape. 31-33 §§

the code of judicial procedure shall not apply. Law (2008:858).



Secret room eavesdropping



Secret room eavesdropping by anyone in Sweden



section 28 an application for a secret room eavesdropping by anyone

is in Sweden is handled by prosecutors. The Prosecutor shall

immediately examine whether there are conditions for the operation and

such cases apply for the Court's permission.



Recordings and records need not be audited according to the

27 Cape. section 24 of the code of judicial procedure.



Recordings and records may be kept after

the case for legal assistance have been concluded and återredovisning

According to Chapter 2. section 17 only if allowed by

27 Cape. section 24 of the code of judicial procedure.



In the case of notice to an individual pursuant to Chapter 27.


31-33 of the code of judicial procedure, the provisions of Chapter 4. section 25

third paragraph, this Act shall apply. Law (2014:1424).



Secret room listening to someone abroad



28 (b) § If secret room interception is to take place by someone who

is in another State and the other State requires that

the application should first be considered by the Court in Sweden, the law on

request of Swedish prosecutor may decide to allow:

room interception.



Notification under Chapter 27. section 31 of the code of judicial procedure should not

left. Law (2014:1424).



The transfer of detainees for interrogation, etc.



Transfer from or to Sweden at the request of another State



section 29 at the request of another State may, for interrogation or

confrontation in connection with an investigation or a

trial where,



1. a person who is detained in Sweden be transferred

to the other State;



2. a person who is detained in the other State shall be brought

over to Sweden.



Of the application referred to in the first subparagraph 1 should indicate how long

time the detainees need to reside in the other State.



A transfer within the meaning of the first subparagraph 1 shall not take place for that

the detainees should be held accountable before the courts.

Team (2013:836).



29 section at the request of another State, a custody

person, who is serving a prison sentence in Sweden according to

Act (1972:260) for international cooperation on

enforcement of criminal conviction, be transferred to the State in which the

the prison sentence has been imposed in order to appear for a

new review of the judgment. Such a transfer may be made only

If the detainees agree to Consent to it.

indicated in the application. Team (2013:836).



section 30 an application for transfer must be examined by the Government. A

request from a Member State of the European Union or

from Norway or Iceland, however, must be examined by prosecutors.



An application under section 29, first paragraph 1 or article 29,

be refused if a transfer implies that the time for

the detention is prolonged or if the detained person

presence is required in a criminal case that is handled in this country.



If an application referred to in section 29, first paragraph 1 or 29 a of the

is upheld, it will be indicated in the decision when detained

last should be returned to Sweden or, where appropriate,

be released. Team (2013:836).



Transfer from or to Sweden at the request of the Swedish

prosecutors or court



section 31 a Swedish prosecutor or court may, for interrogation or

confrontation in connection with an investigation or a

trial in this country, request



1. a person who is detained in Sweden is transferred to

other State, or



2. a person who is detained in a State are transferred

to Sweden.



31 a of A Swedish court may request that a custody

person who, pursuant to the Act (1972:260) for international

cooperation on enforcement of criminal conviction, sentence

a in Sweden condemned prison sentence in another State, sales

over to Sweden to present themselves to a new examination of the

the judgment enforcement applies. Of the application to the

indicate that the detainees agree to

be transferred. Team (2013:836).



Observations



32 section Before an application to a detained person shall

be transferred to other States examined, the opinion should be sought from

the authority responsible for the enforcement of

the deprivation of liberty unless it is clear that it is not needed.

The same goes for before such an application is made by a Swedish

Court or Prosecutor.



Transport by Sweden



33 § Responsible Minister may grant a permit to transport

by Sweden of an arrested person to be transferred

from one State to another State for questioning or confrontation.

Law (2015:106).



Detention in Sweden of transferred persons



§ 34 a person transferred to Sweden to be taken into custody by

The police authority.



Has permission been granted in accordance with section 33, police authorities at

need to take the transferred into custody. Law (2014:639).



Forensic investigation of deceased persons



35 § application for forensic investigation in Sweden of a

deceased person are dealt with according to the provisions of the Act

(1995:832) if autopsy etc.



Judge at the foreign court and representatives of the parties

may be present at the investigation. Law (2002:331).



Chapter 5. Other provisions



Conditions of use restrictions, etc.



§ 1 If a Swedish authority in a case on judicial assistance has

a data or evidence from another State to

used for the investigation of criminal offences, or in a legal

proceedings in respect of offences and respect due a

international agreement which is binding for Sweden

conditions that limit the ability to use the data or

the evidence, the Swedish authorities comply with the conditions regardless of

What is otherwise prescribed by law.



The provisions of the first subparagraph shall also apply

as regards the conditions under which a State set to on

its own initiative, without the context of a case, leave the legal

help in the form of information or evidence to be used in the

investigation of criminal offences, or in legal proceedings on the occasion

of crime. Act (2005:491).



section 2 of the legal assistance provided another State in accordance with this law

may in individual cases be subject to conditions that are called with

account of the individual's right or necessary from public

point of view. The same applies where legal assistance, without the context of the

a case, another State in the form of data and

evidence to be used in the investigation of crime, or in a

legal proceedings in respect of offences.



Conditions referred to in the first subparagraph may not be set up if the

contrary to an international agreement which is binding

for Sweden. Act (2005:491).



section 3 of The public prosecutor or the Court which provided legal assistance to

another State and thus set conditions under section 2, on

the request of an authority of the other State may grant derogations from

the condition. The same applies in the case of conditions that follows directly

of the provisions of an international agreement that is

binding for Sweden.



section 4 of the provisions of paragraphs 1 to 3 shall also apply in the case of

arrangements with international organizations.



Immunity



section 5 to the extent that it is part of an international

agreement binding on Sweden, the who, after

notice in accordance with the agreement have entered Sweden

to be consulted or otherwise involved in the investigation of

crime



1. not be prosecuted or deprived of their liberty or otherwise

be subject to restriction in this because of the action,

omission or judgment arising from the period prior to the entry into

Sweden and that, in the case of a suspect or accused;

is not designed with the petition or summons, or



2. not without his own consent be required to participate in other

investigation than applied for.



The first paragraph also applies in administrative and other

procedures referred to in Chapter 1. 5 and 6 sections.



section 6 If anyone referred to in § 5 remains in Sweden more than

fifteen days after the notice is received from the authority

who has called person that presence is no longer required,

ends the immunity. The same applies if he or she returns

hit after leaving the country.



paragraph 7 of the Agreement Includes provision for immunity

must be less than that resulting from paragraphs 5 and 6, the

Instead the provision.



section 8 to the extent that it is part of an international

agreement binding on Sweden applies

the rules on immunity in 5 – 7 § § a custody

that has been transferred to Sweden according to Chapter 4. 29, 31 or

31A. Team (2013:836).



Privacy



§ 9 of disclosure in cases of legal assistance

respect the limits of public access to information and

secrecy (2009:400). Law (2009:487).



Disclosure and communication bans, etc.



section 10/expires U: 2016-03-01/

Provisions on the obligation to provide data, see Chapter 19. 46 § insurance business Act (2010:2043), Chapter 8. 2 a of the Act (1998:1479) on the accounting of financial instruments, Chapter 2.

section 20 of the Act (2004:46) about mutual funds, Chapter 1. section 11 of the Act (2004:297) on banking and finance law, Chapter 6. section 8 of the Act (2006:531) on special supervision of financial conglomerates, Chapter 6. section 11 of the Act (2014:968) if special supervision of credit institutions and securities companies, Chapter 1. section 12 of the Act (2007:528) securities market, Chapter 3. section 14 of the Act (2010:751) on payment services, Chapter 3. section 14 of the Act (2011:755) on electronic money and Chapter 8. section 25 of the Act (2013:561) on alternative investment fund managers.



In the laws referred to in the first subparagraph are also provisions on notification and liability rules for those who violate this ban. Law (2015:717).



section 10/entry into force: 03/01/2016

Provisions on the obligation to provide data, see Chapter 19. 46 § insurance business Act (2010:2043), Chapter 8. 2 a of the Act (1998:1479) on CSDs and the accounting of financial instruments, Chapter 2. section 20 of the Act (2004:46) about mutual funds, Chapter 1. section 11 of the Act (2004:297) on banking and finance law, Chapter 6. section 8 of the Act (2006:531) on special supervision of financial conglomerates, Chapter 6. section 11 of the Act (2014:968) if special supervision of credit institutions and securities companies, Chapter 1. section 12 of the Act (2007:528) securities market, Chapter 3. section 14 of the Act (2010:751) on payment services, Chapter 3. section 14 of the Act (2011:755) on electronic


money and Chapter 8. section 25 of the Act (2013:561) on alternative investment fund managers.



In the laws referred to in the first subparagraph are also provisions on notification and liability rules for those who violate this ban. Law (2016:56).



Sharing of forfeited property between States



section 11 of the Government may decide that property or its value

forfeited by a Swedish decision becomes final

in whole or in part shall be surrendered to another State under the

preliminary investigation or trial have left Sweden such

legal assistance referred to in this Act or as otherwise

have submitted information or assistance which have had significance for

the investigation into the crime.



In 36 § Act (1972:260) for international cooperation on

enforcement of criminal provisions if

surrender to another State of property forfeited by

a foreign key.



Recovery of costs



section 12 of the Government announces that certain costs

for the action taken under this Act may be recovered by

the requesting State.



Detailed rules and announcements



section 13 the Government Announces detailed rules on the application

by this law and the international

agreements referred to in this law.