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Act (1972:260) For International Cooperation On Enforcement Of Criminal Conviction

Original Language Title: Lag (1972:260) om internationellt samarbete rörande verkställighet av brottmålsdom

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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.