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Regulation (1992:289) If The Particular Person Investigation In Criminal Matters, Etc.

Original Language Title: Förordning (1992:289) om särskild personutredning i brottmål, m.m.

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Decision on opinion



paragraph 1 of the Opinion referred to in paragraph 1 of the Act (1991:2041) on special

personal investigation in criminal cases, accommodation shall be obtained from

The prison system by the probation office in whose

field of activity the suspect is a resident or otherwise

reside.



In the decision to seek the opinion, the purpose of the

the opinion stated, unless indicated otherwise. In

the decision shall specify the period within which the opinion shall

left. If the opinion must be submitted within less than one month

consultations shall take place with the prison system.



The suspect shall be informed of the decision. Has the decision

taken by law shall also be notified to the public prosecutor.

Regulation (2005:1011).



Opinion and investigation



section 2 of the opinion of the Department of corrections and rehabilitation and investigation needed

the opinion shall be adapted to the needs of the court decisions

in each individual case.



There is no other description of the suspect

The prison system shall notify the law on this, if the Agency considers

the investigation as appropriate. In such cases the Court decides if

the investigation shall be completed or limited. What the foregoing

concerns instead the Prosecutor if the opinion was requested by the Prosecutor.

Regulation (2005:1011).



section 3 of the investigation shall be carried out so that the accused or his relatives

not unnecessarily inflicted suffering or other but.



section 4 of the Swedish prison and probation service in person the investigation finds reason

to assume that the suspect is suffering from mental disorder, the

the Agency shall forthwith inform the Court accordingly, if not right

has already decided on the medical certificate referred to in section 7 of the Act (1991:2041)

If special personal investigation in criminal cases, accommodation or

RPU. If the opinion has been requested by

the Prosecutor, the Prosecutor shall be informed.

Regulation (2005:1011).



5 § If probation is eligible, the investigation procedure also

refer to the need for monitoring and content of surveillance in

the cases in question.



If the prison system finds that the suspect need

monitoring, in its opinion, the authority shall propose a

Monitor (s). The suspect shall have the opportunity to express their views on

the selection of supervisors and, if possible, meet with the

proposed as monitors. Regulation (2005:1011).



section 6, if there is a need for special provisions in accordance with chapter 26.

section 15, chapter 27. 2 a §, 28 ch. 2 (a) or 6 (a) Criminal Code, section,

They shall be prepared in co-operation with the suspect and others

sector (s) concerned.



Proposals for such a treatment plan as referred to in Chapter 28. 6 (a) §

the Penal Code shall be investigated and drawn up by the Swedish prison and probation service

by the probation office in whose activity the

suspect is residing or otherwise reside. Proposal

should always be designed in co-operation with social services and the

responsible for the treatment. It shall contain a

a description of the suspect's addiction and other conditions of

importance to the need for care or treatment. The proposal

shall be annexed to the opinion as an attachment. It must be indicated on the

suspect has approved the plan.



If the prison system in the opinion suggests probation or

suspended sentence with community service as punishment for the

suspect, shall specify whether the suspect is willing to

comply with such regulation. Regulation (2005:1011).



6 a section/entry into force in: 2016-01-01-On the prison system in person the investigation believes that there are circumstances under the law (2015:650) on the recognition and enforcement of probation sanctions in the European Union to send over a Swedish verdict on probation sanction to a Member State of the European Union for the enforcement of the sentence in the State, the Swedish prison and probation service account for this in its opinion. Regulation (2015:653).



section 7 of the opinion shall be delivered in triplicate to the right, or if

the Prosecutor has requested the opinion, to him.



The Court has requested the opinion the Court shall immediately send a copy of

opinion to the Prosecutor and the suspect. The Prosecutor has requested

opinion, the Prosecutor shall without delay send a copy thereof to the

suspect and, in connection with the proceedings, submit the opinion to the

the right. Regulation (1994:1770).



section 8 relating to the request, the Swedish prison and probation service supplement

the opinion. Have the opinion requested by the Prosecutor, shall

Swedish prison and probation service complement the opinion even when the Prosecutor requests

the Regulation (2005:1011).



Trustee:



section 9 Of the prison system intends to propose probation

penalty, should preferably the proposed as monitors

appointed to the trustee referred to in paragraph 4 of the law

(1991:2041) if the particular person investigation in criminal matters, etc.

Regulation (2005:1011).



section 10 of the prison and probation service Has decreed a trustee, shall

the Agency shall forthwith inform the Court, the Prosecutor and the

suspect about this. If the action has been brought only

the Prosecutor and the suspect is informed. Regulation (2005:1011).



section 11 If an appointment as trustee ceases due to

the provisions of paragraph 4 the Act (1991:2041) if

special person investigation in criminal matters, etc., the right or,

in the cases referred to in paragraph 1 the law

investigating the leader, immediately inform the probation service,

the trustee and the suspect. Regulation (2005:1011).



Appearance at the right



section 12 of the prison system and the one by the authority designated as

special person investigators or trustee is required to

summons to appear in court to provide information on

What has come to light during the investigation.

Regulation (2005:1011).



Medical certificate



13 § medical certificate pursuant to section 7 of the Act (1991:2041) if the particular person investigation

in criminal matters, etc. may be given by doctors at the forensic psychiatry departments

in Legal medical work or such units of the public health authorities as

in accordance with the agreement with the State is committed to responding to

forensic examinations are being carried out (undersökningsenheter) and of

doctor who, under a contract with a legal medical office is committed to

issuing such certificates.



For each collection unit is a catchment area provided

by the legal medical service.



14 § right announces decision to appoint a physician to deliver

the medical certificate referred to in section 13, the investigation unit within the

catchment area the Court immediately by phone or in any

similar manner shall be informed of the decision. The same day the Court shall send

decision and other documents in the case, which is needed for the investigation,

to the doctor who directs the investigation unit. The right shall also

inform the public prosecutor, the accused and the legal medical work on

the decision.



15 § medical certificates shall be submitted to the Court in triplicate and in a

copies of the investigation unit and of the medicinal plant.



Where it appears from the medical certificate that the suspect need psychiatric

care, the investigation unit shall send a copy of the medical certificate to the

Chief Medical Superintendent of the mental health care in which the suspect is

resident or, if the suspect does not have a permanent residence in the country,

Chief Medical Superintendent in the district in which the defendant resides.



If the suspect is arrested and according to the medical certificate that he is

ill, the Court shall send a copy of the certificate to the detention.



15 a § Legal medical work must disclose such medical certificate

referred to in section 13 is needed in activities of personal protection for

members of the Parliament, head of State and other members of the

the Royal family, Government Ministers, State Secretaries and

Under Secretary of State, if in a particular case is requested by

The security police. Regulation (2006:165).



Employee benefits



section 16 of a trustee is entitled to compensation in accordance with the

Monitor (s).



section 17 of the Legal Medical Office decides on the remuneration for work and expenses

to the doctor who has been commissioned to produce a doctor's certificate pursuant to section 7 of the law

(1991:2041) if the particular person investigation in criminal matters, etc.



section 18 of the one who has been called to appear in the prison system

or physician pursuant to this regulation are entitled to compensation

advance payments for the cost of the trip, it is clear that the

the summoned cannot bear the costs.

Advances may be made in the form of ticket.



The prison system determines whether the compensation and advances to the

has been called to appear at the Agency. Compensation and

advances to those who have been called to appear at a doctor

is determined by law or, if the medical certificate relates to a matter of grace,

by the Cabinet Office. Regulation (2005:1011).



section 19 with regard to the compensation of specific person investigators and

trustee for such a suspension referred to in paragraph 12 of the terms of what is

before written about witnesses in Regulation (1982:805) for compensation of

public money to witnesses, accommodation Allowance is determined by law.



Appropriations



section 20 is repealed by Regulation (2005:1011).



section 21 correctional and Forensic medical authority may, within its

areas of activity inform more detailed rules relating to the

the application of the Act (1991:2041) if the particular person investigation

in criminal cases, accommodation Regulation (2005:1011).



Transitional provisions



1992:289



This Regulation shall enter into force on 1 July 1992, where the regulation

(1964:567) of personundersökning in criminal proceedings shall be terminated. In

the case of writ of personundersökning and physical features

granted prior to the entry into force, the provisions of the repealed

the regulation still apply.