Introductory provisions
Article 1 in so far as it is effected by agreement as Sweden
entered into with a foreign State, Government order, to
custodial penalty, fine or forfeiture of the
foreign State been imposed or decided after trial in
criminal proceedings, or a fine or disqualification imposed in that State
or decided by the authority other than a court, may be executed
in Sweden under this law.
In connection with the appointment referred to in the first subparagraph, the Government,
to the extent that it is sought or otherwise required by
the agreement, order that the enforcement of
custodial penalty, fine or forfeiture, imposed
or been decided by judgment of the Court of the Swedish court or
imposed on any of the other Swedish authority by approved
penalty notice or approved the injunction by summary penal fee,
may be entrusted to authorities in the foreign State. What has
been said now does not apply to the enforcement of any other decision
If handover to the special care than surrender to
forensic psychiatric care.
In the law (2009:1427) on the recognition and enforcement of
financial penalties in the European Union provides for
enforcement of financial penalties in some cases.
In the law (2011:423) on the recognition and enforcement of decisions
on confiscation in the European Union provides for
enforcement of confiscation orders in some cases.
Law (2011:425).
section 2 relates to the appointment, in accordance with paragraph 1 of the enforcement under the in
The Hague on 28 May 1970, signed the European Convention on
criminal international legal effects
(brottmålsdoms Convention) applies to 4-24, 26 and 28-41 sections, in the
so far as otherwise stated in the mandate.
Refers to the order in accordance with paragraph 1 of the enforcement under the in
Strasbourg, 21 March 1983 signed the Convention on
the transfer of sentenced persons (transmitting the Convention) applies
25 (a), 25 g, 34 a, 35 and 37-41 sections. Relating to the mandate
enforcement also according to it in Strasbourg on 18 december
1997 signed the additional protocol to the överförandekon-
Merchant Shipping (tillläggsprotokollet) also applies to 25 b 25 f, 25 h
and 34 (b) sections.
Refers to the order in accordance with paragraph 1 of the enforcement under article 67-
69 in the at Schengen on 19 June 1990 signed
the Convention implementing the Schengen agreement of 14 June
1985 (the Schengen Convention) applies to 25 a, § 1, § 25B, 25 c-25 g,
(a) 34, 35, 37-39 and 41 sections.
Terms of appointment referred to in paragraph 1 of the enforcement under other
agreement with a foreign State other than provided for in the first-third
paragraphs, notify the Government rules on the examination of the question
for enforcement in Sweden of penalty or forfeiture which
been imposed, imposed or decided in the foreign State, or
regarding enforcement of the foreign State of the penalty or
forfeiture imposed, imposed or decided in Sweden.
The provisions of 25, 25 (a), 25 g and 26-34 sections shall be
apply. Act (2000:460).
3 § If exceptional circumstances exist, the Government, even if
term of Office referred to in paragraph 1 of the non-notified, for the given case
order, the custodial penalty imposed on Swedish
citizen or an alien domiciled in Sweden by dom
or other ruling announced by the Court or other competent
authority of a foreign State may be enforced in Sweden according to
This law, or to the enforcement of custodial penalties
as this country been imposed or imposed citizen or someone who
is habitually resident in a foreign State, may be entrusted with the authority of
the foreign State. The latter does not apply
the enforcement of any other decision concerning surrender to
Special care than surrender to forensic psychiatric care.
In the cases referred to in the first subparagraph owns 2 §, fourth subparagraph
the corresponding application. Act (2000:460).
4 section with a European criminal judgment for the purposes of this Act or any other
key, whose enforcement shall be tested in accordance with
brottmålsdoms Convention.
With, of course, such a judgement in absentia of this Act specified in the first subparagraph
ruling handed down in this country or in a foreign State by court
or other authority without the condemned or against whom a decision on
forfeiture directed have been personally present at the hearing in
the matter before the courts.
What below in this law about penalty also applies to forfeiture, if not
otherwise provided. Law (1984:876).
Enforcement in Sweden according to brottmålsdoms Convention
General provisions
5 § Enforcement in Sweden of European criminal conviction may be made only
after preparation by the competent authority of the foreign State.
European criminal judgment shall not be enforced in this country
1. If the judgment is not final or if the penalty may not be
enforced in the foreign State;
2. where the acts to which the penalty relates to not correspond to the crime according to Swedish law
or the perpetrator, if the deed committed in this country, on the basis
than those referred to in section 6, first paragraph 7 could not be sentenced to a penalty
for the offence;
3. If the convicted person not domiciled in Sweden, unless enforcement here
can be adopted improve his rehabilitation or the
financial penalties relating to detention and may be enforced here in the
connection with enforcement of other such penalty, to be enforced
in Sweden, and Sweden is the original homeland, was sentenced
4. for enforcement in Sweden would be incompatible with the fundamental
principles of law in this country,
5. the enforcement here would contravene Sweden's international
obligations,
6. If in case of liability for the acts to which the penalty relates to given
here in the country or if this penalty notice issued or
by summary penal fee for the same Act has been approved,
7. If the convicted person by lagakraftägande judgment, handed down in different
foreign State other than the State which made the request for enforcement,
for the acts to which the penalty relates to have been exonerated from responsibility or been convicted
the penalty, which has been enforced in full or are in the process of
enforced or has lapsed as a result of the limitation or
because the pardon or amnesty granted by that State, or if the
judged by such a judgment declared guilty of the crime without penalty
has been imposed, or
8. for enforcement in Sweden is otherwise would be contrary to
brottmålsdoms Convention.
section 6 of the request for enforcement of European criminal conviction can be refused
1. where the acts to which the penalty relates are political or military offences,
2. If there is reasonable cause to suppose that the judgment prompted or the
in that specific sentence tightened on grounds of race, religion,
nationality or political opinion,
3. where the acts to which the penalty relates to subject this country current
preliminary investigation, brought indictments, issued the penalty notice or
injunction by summary penal fee, or if the decision was given to the prosecution of
the deed shall be instituted or continued,
4. where the acts to which the penalty relates to non has been committed in the Member State in which
the penalty is determined,
5. If the penalty cannot be enforced in this country,
6. If it can be adopted to the penalty can be enforced in the foreign
the State,
7. If the convicted person at the time of the crime up to fifteen years,
8. If the application of chapter 35. 7-9 sections or 36 Cape. section 15 criminal code
would mean that the penalty lapsed.
In the foreign State has taken action under the law of the
State means that the time of the extinction of penalty uppskjutes, shall
action, shall have the same effect in this country for the purposes of the first subparagraph
8. Act (1991:454).
section 7 refers to the foreign judgment two or more crimes and there is
obstacles to enforcement in respect of one or more of the offences, the
the petition be granted in respect of other crimes, and only if, in the judgment
or representation is specified which part of the sentence relating to
This or these crimes.
Examination of the request for enforcement
paragraph 8 of the request for enforcement of this shall be the Department of Justice.
Find Government clear that representation not valid judgment or
ruling referred to in paragraph 1 or to preclude
enforcement meets pursuant to paragraph 5 1-7, shall petition
immediately rejected. In case of defaulting may petition other than
be refused solely on the basis that the judgment has not yet become final.
The Government is trying on the petition shall be rejected on the basis of
relationship within the meaning of section 5 of the second paragraph 8 or in section 6, first paragraph
1, 4, 5 or 6. The Government can refuse the request, if it is
clear that the ratio referred to in section 6, first paragraph, 2, 3, 7 or 8
exists.
Not be refused the request, it shall be forwarded to the Attorney-General for
further processing. Act (2000:570).
9 § since the request for enforcement have been submitted to
the Prosecutor General, make this application to the right if its examination of
the representation, unless otherwise follows from 16 or 19-22 sections. Concerning
the procedure applies mutatis mutandis the rules of procedure of the beam
rules on trial in criminal proceedings, unless otherwise follows from this law.
Refers to the representation confiscation concerning anyone but the condemned,
Special action be brought against him, if he has not been heard in the
foreign trial. For such action applies mutatis mutandis:
the rules of the code of judicial procedure concerning the criminal charges to which you cannot follow
more severe punishment than a fine. The decision of the Court of the fact of the matter is done through them.
At the hearing in case of execution of a European criminal judgment shall
the condemned be heard personally, if he requests it. the convicted person Is deprived of
the freedom of the State in which the judgment is given, may be hearing take place in
the absence was sentenced, although he asked to be heard in person. Law
(1990:274).
section 10 of the objectives referred to in section 9, the Court examines if other obstacles to
enforcement meets than referred to in paragraph 5 or 6 of 8
first subparagraph, 1, 4, 5 or 6.
Review of the question whether the condemned is guilty of the offence shall not
be made in the case.
11 § Finds the right barrier non meet against enforcement in this country,
determine the right in accordance with sections 12 to 15, the new penalty as in
Swedish law is prescribed if the penalty for the same offence.
Have hearing on the merits according to paragraph 9 in the sentenced
absence, may be new penalty not be determined until the condemned has been in
the opportunity to be personally heard in court.
12 § has custodial penalty been imposed by the foreign
judgment, the Court may not decide more stringent penalty than in this
DOM. This is true even if the financial penalty is lighter
than the laxest penalty under Swedish law may follow on
the offence (s).
Is the penalty fines, determines the right, pursuant to the
Exchange rate at the time of the decision, a fine
as in Swedish kronor, equivalent to the amount of the fine. Is in
Swedish law for the corresponding offence prescribed monetary fines,
should not be determined a higher fine than four thousand
or, if the sentence refers to several crimes, ten thousand crowns. Is in
Swedish law does not prescribed more difficult penalty than fines, shall not
determined a higher fine than etthundrafemtiotusen,
or, if the sentence refers to several crimes, two hundred thousand crowns.
Regulation (2009:1429).
section 13 in determining penalty under section 12 shall, to the extent that it can
take place, the condemned is considered to benefit both what he may have endured by the
penalty imposed by the foreign judgment for the crimes covered by the
the request for enforcement on the one hand, time during which he is in the light of
such crimes have been arrested or detained in the foreign State, or
here in the country. In doing so, may be determined more lenient penalty than for the deed is
provision or remedy fully remitted.
section 14 of the foreign judgment is certain amount of money or value of
certain property confiscated, the Court determines, pursuant to
the exchange rate at the time of the decision, a corresponding
forfeiture amount in Swedish kronor. If forfeiture amount obviously
exceeds the amount which would have been forfeited under Swedish law if
the trial took place in Sweden, the law reduce the amount in
accordingly.
Have an item confiscated, the Court may declare the object
forfeited only if it could be declared forfeited in accordance with Swedish law in
a trial in Sweden.
Concerning the confiscation other than by the convicted person, the Court may decide on
forfeiture only if the forfeiture had been able to be carried out in accordance with Swedish law in a
trial in Sweden. Law (1990:274).
section 15 for the purposes of procedural rules of the beam in the case referred to in
9 § bedömes, which punishment is provided for or can follow on
particular crime, according to Swedish law. Are the financial penalties are only fines,
shall not in any case more difficult punishment than fines may follow on
the crime.
16 § refers to representation only to the enforcement of fines
or forfeiture, the Attorney General, instead of
apply to the Court under paragraph 9, self test
the petition and issue penalty notice for the offence
that sentence refers to.
In the case of a penalty notice issued pursuant to
paragraph 1 covers 48 Cape. the code of judicial procedure in the relevant
parts. The provisions of sections 10 and 11, section 12, second subparagraph, and
13-15 of this law shall also apply.
Are not penalty notice issued pursuant to the first
paragraph, apply the Attorney General pursuant to paragraph 9.
Regulation (2009:1429).
The application of coercive measures
section 17 of the foreign State Has become party to the Convention for brottmålsdoms
The Justice Department announced that it intends to make the request for
enforcement of penalty, or has such a request has been made, can
Attorney-General request the convicted person, if in accordance with Swedish law, prison
for a year or more on crimes corresponding to the offence the penalty refers to
and there is a risk that the condemned should depart or, when the question is about
judgement in absentia, he eliminates the evidence. On application of the Attorney-General can
right under the corresponding conditions decide on detention of the
sentenced or if the travel ban or notification. Travel bans or
notification may be adopted, although the hardest punishment as
According to Swedish law may follow on similar crimes are milder than
prison for a year. Regardless of the nature, the condemned
arrested, detained or subjected to travel bans or
notification, if he has no domicile in Sweden and there is a risk
for him, to go from the country evading punishment.
In the case of arrest, detention, travel ban and notification
under this section applies otherwise 24 Cape. 4--24 sections and 25 Cape.
2-9 of the code of judicial procedure. A decision on arrest or detention to be
be lifted no later than when the total time the convicted person has been deprived of freedom in
the foreign State and in this country in connection with the
to fulfil the request for enforcement refers to is the time
determined for custodial sentence for the offence (s) in the
foreign judgment. In cases where the convicted person has been detained or arrested before
request for enforcement made the decision on arrest
or detention be lifted within eighteen days from the date of detention,
If the request for enforcement was made before the end of this
time. Act (2000:570).
section 18 Has request for enforcement of the European
criminal conviction has been made, the property as declared by judgment
forfeited, seized, if the seizure could be made in accordance with the Swedish
law in a trial in Sweden. Decision on seizure is notified of
The Prosecutor General or the law. In the case of seizure under this
section shall in all other respects, the provisions of Chapter 27.
the code of judicial procedure applicable. Provisions on seizure and
attachment can also be found in the Act (2000:562) on international
legal assistance in criminal matters. Act (2000:570).
Special provisions concerning judgement in absentia
section 19 Based petition for enforcement of judgement in absentia, which is not
granted after appeal by the convicted person, apply 20-22 sections. In so far as
the rules of the provisions on trial in criminal cases, where appropriate, the
parts, unless otherwise specifically provided.
section 20 since the request for enforcement of a judgement in absentia under section 8
forwarded to the State Prosecutor, the sentenced person pronouncement
and is informed that he may within thirty days of the delfåendet of
the Attorney General bring an action for review of the judgment (opposition).
Cite the condemned not opposition within the prescribed period, applied 9-16 sections.
Cite the condemned opposition within the prescribed period with the request that his
the action be tried by the competent court in the foreign State, submit
the Prosecutor General the file to the Department of Justice, as with
transmission of documents to notify the competent authority of the
foreign State. Ask the condemned to the Swedish court or
He claims opposition without, he wants his action
be tested, makes the Attorney-General of the right application for the negotiation on the examination
of the condemned the action. Act (2000:570).
section 21 When application referred to in section 20 of the law, second subparagraph
call right the convicted person to appear at the hearing before the Court.
Hearing may not without the consent of the sentenced held until twenty-one days
After the the condemned person has been served the summons.
Fails the condemned from the negotiation referred to in the first subparagraph, or
find the right for other reasons the opposition not to be collected to
trial, the convicted declares the action inadmissible. Then bounce the decision
has the force of res judicata applied 9-16 sections.
Question of responsibility for the acts referred to in the request for
enforcement of a judgement in absentia of being reviewed, although according to Chapter 2.
the criminal prosecution of the offence could not be instituted in Sweden or been able to
be brought here only after appointment in particular, and without prejudice to
the provisions of chapter 35. 1-4 and 6 of the same beam. The question of liability for
offence under Swedish law shall be assessed as if the corresponding crimes
committed in this country. Measure for bringing a prosecution or investigation,
taken in the foreign State in accordance with its law, shall be granted
effect as if the action taken here in the country. Such action may, however, not
be granted different effect than it has under the law of the foreign
State.
section 22 Upptager Court of the foreign State under section 20 anförd
opposition to substantive examination, lapse request
enforcement of financial penalties. Rejects the foreign court
the opposition and win the bounce the decision into effect, apply 9-16
§§.
Other provisions
section 23 Is the condemned detention in the foreign State when he
enforcement of that penalty for Sweden ådömd be carried forward, he may not
in connection with other crimes, which were committed before he was transferred here,
here in the country be prosecuted, arrested or detained or deprived of freedom of
enforcement of penalty or subjected to any other restriction of his or her
personal freedom, if not the competent authority of the foreign State
given his consent to the action or the condemned during a
continuous period of 45 days had the opportunity to leave the country
but not done so or after having left the country voluntarily returned
hit.
The first paragraph is not preclude measures observed to
execution of decisions on the expulsion or sentenced to
cancel the prosecution limitation period. Law (1984:876).
section 24 with regard to the enforcement of the penalty determined according to 11-16 §§
for what generally is prescribed for execution of penalty
been imposed by Swedish court lagakraftägande ruling, unless otherwise follows from
What is said below.
Enforcement shall cease, if the foreign State, that
it granted the condemned clemency or amnesty or occupied the foreign
criminal conviction reviewed or that of the State given other
decision, which under the law of the State means that the financial penalty not
longer be enforced.
Is the penalty fines, get action for enforcement in this country not possessing
room for fine that the convicted person paid to the competent authority of the
foreign State before the request for enforcement was served on him.
Decision on deferral or installment, as communicated by the competent authority
in this state before the request was made, countries to Institute
for the purposes of the first subparagraph.
Enforcement in Sweden according to special agreement
section 25 Shall in accordance with the order referred to in section 2, fourth subparagraph
or section 3 of execution take place here in the land of the penalty for crimes,
for the prosecution in a foreign State, applies in the case
If such enforcement what is prescribed if
enforcement of penalty imposed by Swedish court
lagakraftägande dom, unless otherwise follows from what is said below.
Enforcement shall take place in Sweden without the new penalty
determined here in the country of the Court or other authority under
Swedish law enforcement may take place notwithstanding that
the penalty is more severe than that according to Swedish law has been able to follow on
the crimes. Financial penalties may be enforced, even if the amount of the fine
exceed the maximum fine that could be imposed in accordance with
Swedish law. Means the financial penalty is deprivation of liberty,
the provisions of Swedish law on the enforcement of penalties
the closest corresponding art.
Enforcement in cases referred to in this section must not in
some cases take place in such a way that the sentence will be considered to be
more severe than the penalty imposed in the foreign State. At
enforcement under the second subparagraph shall, to the extent that it can
and under the agreement with the foreign State
in the case, the condemned is considered to benefit what he may have endured by
the sentence in the foreign State and the time during which he with
reason of offence referred to with the sentence been arrested or
detained in the foreign State or this country.
Act (2000:460).
Enforcement in Sweden according to the transfer Convention
25 a § enforcement under the transfer Convention of
custodial penalty due to criminal offence has
been imposed or decided by the Court in the State which is a party
the Convention may be made in Sweden, if
1. the convicted person is a Swedish citizen or is domiciled here,
2. the convicted person has agreed that enforcement takes place in
Sweden
3. the acts to which the penalty relates to correspond to the crime under
Swedish law, and
4. the period of detention which remained when production
on the execution came in was at least six months or
specific reasons for that execution still is transferred
to Sweden.
Even if the convicted person does not consent may enforcement under
the first subparagraph shall be made in Sweden,
1. in accordance with the additional protocol in the cases referred to in § 25B 1 or
2 when the other State party to those protocols, or
2. in accordance with the Schengen Convention in the cases referred to in § 25B 1 when
the other State has acceded to the Convention or
signed an agreement on cooperation under this.
Request for enforcement in Sweden is carried out by the competent
authority of the foreign State. The complaint shall be made
of the Department of Justice and is being examined by the Government. In cases such as
referred to in the first paragraph, the Government may also make
representation of foreign State of enforcement shall be
take place in Sweden. Act (2000:570).
25 (b) § enforcement under 25 a paragraph may be made
only
1. If the convicted person by fleeing to Sweden tries to entirely
or partially evade enforcement of the sentence, if this
has been convicted by a judgment which has the force of res judicata in the other
the State, or
2. If the judgment regarding the penalty, or an administrative decision
as a result of this ruling, contains a term to the
sentenced to be expelled from the State in which the judgment is given or
otherwise may be present in the State after he entered
on the loose. Act (2000:460).
25 (c) in the cases referred to in paragraph 25 (b) § 1 which might warrant a
request for transfer of the execution, the condemned,
at the request of the competent authority of the other State, arrested on
There is a risk that he or she is different or in any
otherwise evading enforcement of the sentence. Decision
If the custody order can be granted even after the request for
the transfer of enforcement has been made or granted.
Concerning detention and arrest terms as provided for in
the code of judicial procedure on criminal cases. What it says about the public
defenders will be applicable with regard to public assistance in the
so far as the subject of 25 f §. The provisions of Chapter 24.
the code of judicial procedure to be applied only 1 paragraph, paragraph 4 of the
the first and second subparagraphs, paragraph 5, section 6, first and
third subparagraphs, paragraph 7, section 8, second and third
paragraphs, 9-17, §§ 20, paragraph 2, section 21, section 22 of the first
paragraph and section 24.
A new hearing on detention shall, if the convicted person requests,
be held no later than two days after such a request is
come in to the right. A hearing need not be held
earlier than two weeks from the date of the decision in
the issue of pre-trial detention most recently announced. Law (2008:69).
25 d § if there is any reason to arrest or detain the sentenced
According to § 25 c but the purpose can be achieved by a travel ban
or subject to Declaration, may such coercive measures are decided.
For the case as provided for in the code of judicial procedure if
criminal cases. What it says about the public defender shall
apply to public assistance in so far as not otherwise
follow by 25 f §. The provisions of chapter 25. the code of judicial procedure
apply only 1 paragraph, 2-5 paragraphs, paragraph 7 of the first and
other paragraphs and section 9. Act (2000:460).
25 e § decision on coercive measures applicable until such time as the matter of
the transfer of enforcement has been decided or, if
the petition is granted, until the sentence has begun
enforced in Sweden, if the decision is not lifted before then.
The Prosecutor or the right to cancel an order for arrest,
detention, travel bans or notification, unless a
request for transfer of enforcement made within
forty days after the convicted person was arrested or detained
or decision on travel bans or notification
It was announced.
The Prosecutor or court shall also revoke a decision on
arrest or detention at the latest when there is reason to believe
the total time that the convicted person has been deprived of
freedom in this country with the support of 25 c § and in the other
the State is equal to the time that the condemned would have been
detention in the event of enforcement of the penalty
had been made in the other State.
The Government may, if the examination of a request for
the transfer of enforcement rescind an order issued
According to 25 c and 25 d §. Even government ministers responsible may, in
an emergency lifting of such a decision. Law (2015:98).
25 (f) in the cases referred to in section 25 (b) § 1, public counsel
appointed for the condemned, unless it must be assumed that the need for
assistance is missing.
In cases of Government examined questions about public assistance of
The Cabinet Office.
Decision on public assistance or on compensation to this
be appealed to a general administrative court. Leave to appeal
required to appeal to the administrative court. Law (2004:592).
25 g § To enforcement under the transfer Convention
and, where appropriate, the additional protocol or
The Schengen Convention take place in Sweden of a deprivation of liberty
penalty, as the case may be, the Government can either
1. self, to the detailed rules necessary for the
enforcement in Sweden, or
2. submit to the Attorney General to make application of the law on
the new penalty shall be determined in accordance with the Swedish law is
prescribed on penalty for the same offence.
For enforcement under this section apply section 24 of the first
and second subparagraphs.
In the cases referred to in the first subparagraph 1 shall apply mutatis mutandis
paragraph 25 of the second and third paragraphs.
In the cases referred to in the first subparagraph 2 shall apply mutatis mutandis
section 9, section 10, second paragraph, and 11-13 and 15 sections. The penalty may
not be determined just fine. In the case of arrest,
detention, travel ban and disclosure terms of 24 and 25
Cape. the code of judicial procedure, subject to the provisions of section 25 c or
25 d §. Act (2000:460).
25 h § Shall be carried out in Sweden 25 enforcement pursuant to (b) § 2
applied section 23.
Enforcement abroad under the brottmålsdoms Convention, etc.
General provisions
section 26 regarding enforcement of the foreign State of this country
ådömd or imposed penalty according to the appointment referred to in section 2 of the
first or fourth subparagraph is occupied by the probation service or,
in the case of enforcement of surrender to the psychiatric
care, welfare or, in the case of enforcement of fines
or forfeiture, any authority which Government determines. If
There are special reasons for an authority to which this refers to
with its own opinion, submit a case to the Government for
crucial. Request for enforcement may not be made, with
corresponding application of 5 section 1-8 barriers
enforcement in the foreign State may be expected to exist.
Petition for enforcement of custodial penalties may
not be done, if the convicted person is a Swedish citizen and self object
to pass the measure. Arise regarding the enforcement of
custodial penalty imposed or imposed other than
Swedish National Migration Board shall be heard, if not the
convicted person consents to the action. Oppose immigration service to
This shall be the case during production, appropriate government
crucial.
Under section 3 of the Government has decreed that the enforcement of
penalty in certain cases, be entrusted with the authority of a foreign State,
provide the prison system or, in the case of enforcement of
surrender to forensic psychiatric care, the National Board of health to
request for enforcement is done in the foreign State.
Act (2005:969).
27 § in cases concerning the enforcement abroad of
custodial penalty, public counsel appointed for
the measure concerns, unless it must be assumed that the need for
assistance is missing.
In cases of Government examined questions about public assistance of
The Cabinet Office.
Decision on public assistance or on compensation to this
be appealed to a general administrative court. Leave to appeal
required to appeal to the administrative court. Law (2004:592).
section 28 of the Representation referred to in section 26, along with the ruling whereby
the penalty been imposed or imposed and other documents in the case submitted
to the Department of Justice, which will forward the request to the
the competent authority of the foreign State. Act (2000:570).
section 29 Then petition forwarded in accordance with section 28, may
enforcement of penalty referred to in the petition not begin here
in the country, if not the convicted person is in custody and the case of penalty
involves deprivation of liberty.
The financial penalty shall, however, be carried out in this country, if
the petition is withdrawn before the foreign State stated that it
intends to take up the petition to the final examination, or if the
foreign State announces that the request has been refused, that it consists in the forgoing
from to enforce the sentence or execution cannot take place in
the foreign State.
Specific provisions relating to the judgement in absentia
section 30 of this shall be on the basis of appointment referred to in section 2, first paragraph
production in accordance with section 26 of the enforcement of a foreign State by
judgement in absentia and the convicted person has stated opposition to the decision of
the competent authority of the foreign State with the request that his action
are heard in a Swedish court, does the Attorney General application of the law on
hearing for trial of the action was sentenced. In the case of such
negotiation paragraph 21 and the first point.
Rejected the opposition and win the bounce the decision final, broadcasting
the right notification of the decision to the Justice Ministry, which
forwards the notification to the competent authority of the foreign
State.
Admissible, the opposition, the right with the Elimination of the judgment or
order take up the question of responsibility for the Act for which the penalty
imposed. In so far as relating to the processing rules of the beam
rules on trial in criminal cases. The petition in accordance with section 26
expires. Act (2000:570).
section 31 Has in response to the petition in accordance with section 26 of the probationers arrested
or been arrested in the foreign State and transferred to Sweden for
to attend the hearing under section 30 of the first subparagraph, he shall be deemed to
as arrested by Swedish authorities from the time he arrived here. In
his detention comes then 24 Cape. the code of judicial procedure.
The convicted person may not in any circumstances be deprived of their liberty under the
in total, more than that in the judgment of deprivation of liberty
penalty.
32 § The who because he claims opposition called for
hearing pursuant to section 30 of the first paragraph, and therefore left the alien
State's territory shall not in respect of other crimes, which were committed before
He left the area of the State, be prosecuted, arrested or remanded in custody or
deprived of freedom for the enforcement of the penalty or be subject to other
restriction of his personal freedom, if it's not in the notice especially
stated that such action may be taken against him or he
in writing given his express consent to the action or he
for a period of fifteen days, counting from the day the Court announced
final decision in view of the opposition, had the opportunity to
leave the country but not done so or after leaving the country
returned here without to have been called to the negotiations which have just
said. Leave the condemned written consent, the authority
Decides the action send a copy of the consent to
The Department of Justice, which will forward the document to the competent
authority of the foreign State. Act (2000:570).
Other provisions
section 33 Is in the case of a request for enforcement of custodial
penalty has been made under section 26 of the condemned detention here in the country
or present himself otherwise here, he is transferred to the
foreign State area as soon as the State announced that
the petition been approved, as well as, when the production made under section 26
third subparagraph, declared that, in so far as non-consent referred to in
section 34 has been provided, to observe what according to section 23 applies in this country for the
cases that someone who is deprived of liberty in a foreign State are transferred to
Sweden for the enforcement of the penalty imposed on him in the State.
The first paragraph does not apply if the foreign State that the
waives the right to enforce the sentence.
34 section at the request of the competent authority of a foreign State, in
which the production under section 26 of the execution shall be carried out
of penalty imposed on any which at the transfer to the
foreign State was deprived of freedom, can the Government allow the
the condemned, without prejudice to the relevant provisions of article 9
in brottmålsdoms Convention or the corresponding provisions of the
other agreement concluded with Sweden the foreign
State or of the undertaking referred to in section 33, may be prosecuted, sentenced
or deprived of freedom in the foreign State for
enforcement of penalty or coercive measure or be subject to
other restriction of his personal liberty by reason of
crimes committed before his transfer to the foreign
State and which are not covered by the request for
enforcement. Such consent may be given only if
surrender or extradition for the crime been able to legally own
or if obstacles to surrender or extradition had been
only because of the length of sentence.
It is apparent from the file that consent cannot be
lawfully be submitted, the request is immediately rejected. Otherwise,
examined the question of the Supreme Court, unless referred to with
the petition has consented to this. Find The Highest
the Court held that the obstacles faced by, the consent of the Government not
left. Lag (2003:1160).
Enforcement abroad by transmitting the Convention
34 AOF the case of enforcement under the transfer Convention
and, where appropriate, the additional protocol or
The Schengen Convention, in a strange state of this country ådömd
penalty is taken up by the prison system or, in the case of
enforcement of submission to forensic psychiatric care, by
The National Board of health and welfare. The production of such enforcement may not
be made, if the corresponding application of § 25 a first and
second subparagraphs obstacle to enforcement in the foreign State
can be assumed to exist.
Question of enforcement under the transfer Convention pursuant to
the first paragraph at the request of a foreign State are examined by
The prison system or, in the case of enforcement of
surrender to forensic psychiatric care, by the National Board of health and welfare with
corresponding application of paragraph 25 (a).
The prison system or the National Board of health may, if there is
special grounds, with its own opinion, submit a case
enforcement to the Government for decision.
In the cases referred to in this paragraph applies to 27-29 and 33 of the
the appropriate parts. Act (2005:969).
(b) the convicted person 34 § has been expelled because of the crime and transferred
from Sweden to another State pursuant to
transmitting the Convention and the additional protocol in the cases
corresponds to 25 (b) § 2 shall apply the provisions of § 34.
Act (2000:460).
Common rules
35 § jurisdiction in the case or matter referred to in this law are
The Stockholm District Court, subject to 25 c, 25 d, 25 f
and 27 §§. Act (2000:460).
36 § Property or its value as forfeit pursuant to this
law belongs to the State. The Government may, on the application of the State
who made the request for enforcement of
confiscation decision, order that the matrimonial property or its value
in whole or in part shall be surrendered to the State.
Fine determined under this Act must not be transformed.
Act (2000:570).
§ 37 the Prosecutor General shall, to the extent the Government determines the order
other prosecutors to carry out what under this Act is for the
the Prosecutor-General. Law (1984:876).
section 38 Shall sanction, imposed or imposed any of the authority of the
foreign State, under this law enforced in Sweden, the prosecution of
deed, that the sentence means, not in any case be instituted in this country.
section 39 the remuneration of public defenders paid by General
funds shall remain on the State, unless there are special reasons for
that the convicted person shall refund the payment. Law (1996:1636).
section 40 of the responsible Minister may, by petition to the
The Department of justice by the competent authority of a foreign State
admit, that a foreigner, who is deprived of liberty in the State
and that according to the provisions of the agreement referred to in paragraph 1 of the
should be allocated to other foreign State for enforcement of
penalty for offence or for negotiation on the occasion of the
request for such enforcement, may be transferred to Swedish
area. During the transit to the detention consist, if
not the foreign State requests that the transit are freed.
He did not release, apply that generally applies if
treatment of arrested or detained. Law (2015:98).
41 § Department of corrections and rehabilitation or the Board's decision pursuant to
This law or relating to the law announced
detailed rules may be appealed to the Government if not
subject to the provisions of section 27. Act (2005:969).
section 42 of this Act does not apply in the case of enforcement or
other measures provided for by law (1963:193) on cooperation
with Denmark, Finland, Iceland and Norway concerning the
enforcement of sentences, etc., or by the law (2015:96) about
recognition and enforcement of custodial penalties
within the European Union. Law (2015:98).
Transitional provisions
1973:136
This law shall enter into force on 1 July 1973. Older provisions apply
still when counsel appointed before the date of entry into force.