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.