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Law (1963:193) On Cooperation With Denmark, Finland, Iceland And Norway Regarding The Enforcement Of Punishments, Etc.

Original Language Title: Lag (1963:193) om samarbete med Danmark, Finland, Island och Norge angående verkställighet av straff m.m.

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Enforcement of fines, etc.



§ 1 in Denmark, Finland, Iceland or Norway judgment,

thus sentenced to fines or confiscation of property or

in criminal cases, the reimbursement of the costs imposed on

request executed here in the Kingdom.



What the foregoing shall also apply to decisions that in any of the aforementioned

States to ensure claims of fines, confiscation of

property, damages or reimbursement for costs incurred

notified regarding lien or seizure, restraint on alienation of

the property of suspected violations.



In the law (2009:1427) on the recognition and enforcement of

financial penalties in the European Union lays down rules on the

enforcement of financial penalties in some cases.



In the law (2011:423) on the recognition and enforcement of decisions

If the confiscation within the European Union lays down rules on the

execution of confiscation orders in some cases.

Law (2011:426).



section 2 Enforcement takes place in accordance with Swedish law; However, the may decision on

transformation of fines is not notified.



section 3 of the Access Authority in Denmark, Finland, Iceland or Norway may be submitted

to execute this judgment in Empire or decision referred to in paragraph 1.



4 §/expires U: 2016-09-01/

What is in this Bill about fines will also apply to sanction

periodic penalty payments, as



1. submitted to the party or the other to the performance of a

duty in a trial,



2. in Sweden submitted by the Consumer Ombudsman,

The Swedish competition authority, the Stockholm District Court in cases under

the Marketing Act (2008:486) or the market Court,



3. in Finland have been imposed by the market court or, after

appeal of a decision by this Court, of the highest

the Court of Justice.



What is said in the first paragraph also applies to tvangsgebyr as in

Forbrukerombudet Norway has been submitted to and approved by the

the trader or have been imposed by a court. Law (2008:489).



4 section/entry into force: 2016-09-01/

It is said that in this Act shall also apply if the fines imposed penalties, which



1. before a party or any other to the performance of an obligation in a trial,



2. in Sweden submitted by the Consumer Ombudsman, the Swedish competition authority or a court in a case or matter referred to in Chapter 1. 4 § 3 teams (2016:188) if patent and market courts,



3. in Finland have been imposed by the market court or, on appeal of the decision of this Court, by the Supreme Court.



The first paragraph also applies to tvangsgebyr as in Norway have submited by Forbrukerombudet and which have been approved by the professional or has been imposed by a court.

Law (2016:191).



4 a of the provisions on the use of seizure and attachment of

the request of the authorities in Denmark, Finland, Iceland and Norway

see Act (2000:562) on international legal assistance in

criminal cases. Act (2000:568).



On the enforcement of custodial sentences



paragraph 5 of Denmark, Finland, Iceland or Norway judgment, whereby

been convicted in Denmark of faengsel or haefte, in Finland to the House of correction

or prison, in Iceland to fangelsi or vardhald and in Norway to

prison () or hefte, may on request be enforced here in the Kingdom, about the

the judge when the execution is to take place is a Swedish citizen or has

resident in Sweden. He is staying here in the Kingdom, may also otherwise

the judgment to be enforced here, if, having regard to the circumstances exists

the most appropriate.



5 a § Of the condemned by fleeing to Sweden tries to entirely

or partially evade the enforcement of a custodial sentence

and the case may prompt a request for transfer of

execution, the convicted person may, at the request of the competent authority

in Denmark, Finland, Iceland or Norway, be detained if there are

risk that he or she deviate, or otherwise

evading enforcement of the sentence. Decision on remand

can be notified even after the request for 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

the Defender shall apply as regards public counsel in the

so far as the subject of section 36. The provisions of Chapter 24.

the code of judicial procedure to be applied only 1 paragraph, paragraph 4

the first and second subparagraphs, paragraph 5 of the first paragraph, section 6, first and

third subparagraphs, paragraph 7 of the first paragraph, section 8, second and third

paragraphs, 9-17, § 20 paragraph 2, section 21A, section 22 of the first

the paragraph and section 24.



A new hearing on detention shall, if the person so requests,

be held no later than two days after such a request has

come in to the right. A hearing need not be held

earlier than two weeks from the decision in

the issue of pre-trial detention last announced. Law (2008:68).



5 (b) § if there is any reason to arrest or detain the sentenced

According to paragraph 5 (a) but the purpose can thus be achieved by banning

or obligation, such coercive measures are decided.

For the case of the conditions laid down in the code of judicial procedure if

criminal cases. What it says about the public defender shall

apply to the public counsel in so far as not otherwise

follows from § 36. 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 (2000:459).



5 c § decision on coercive measures applicable until the issue of

the transfer of enforcement has been settled or, if

the complaint is upheld, until the sentence has begun

enforced in Sweden, if the decision is not lifted before then.



The Prosecutor or court shall revoke a decision to arrest,

detention, travel bans or notification, unless a

request for transfer of enforcement made within forty

days after the convicted person was detained or arrested or

decision on travel bans or notification was delivered.



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 by virtue of paragraph 5 (a) and in the other State

is equal to the time that the condemned would have been deprived of

freedom if enforcement of the penalty had been made in

the other State.



The time that the convicted person has been detained under section 5 (a)

shall, in accordance with the provisions of 19 a of the Act (1974:202) concerning

calculation of penalty time deducted from the penalties to be

enforced. Act (2000:459).



section 6 is approved petition for enforcement here in the Kingdom, shall in

the decision thereupon the financial penalty can be converted into imprisonment on equal

long time. Act (1964:548).



section 7 of The punishment of imprisonment is commuted enforceable such as had

penalty been imposed here in the Kingdom by Decree, which became final.



Have the punishment commenced in the State in which the judgment was given, shall

penalty time is counted from the beginning depending in that State.



Conversion penalty fines may not be enforced, if payment for

the fine to be paid. If the fine in part gäldas, the conversion of the penalty

correspondingly reduced; the reduction may not be for part of the day.

Law (l964:548).



paragraph 8 of The judgment in Sweden, by which someone sentenced to

prison, may be executed in Denmark, Finland, Iceland or

Norway, if the convicted person when enforcement is to take place is

citizen or is resident in the other State. Resident

He or she is in one of those States, the judgment also

enforced where, if, having regard to the circumstances

deemed most appropriate.



Awarded a request for enforcement of the judgment in the

other State, the prison system if necessary to ensure that the

the judge was transferred to the State. The prison system may then request

the help of the police.



Is encountered, the convicted person in Sweden before the release,

Police at the request of an authority of the other

State or by reason of a which issued search warrant

ensure that he or she is transferred to the State of

enforcement of penalty.



Should the convicted person according to what has been said to be transferred from

Sweden to the second State, the time during which

for this purpose he or she has been taken care of by the Swedish

authority, as penalty time. Law (2014:636).



section 9, if any, which in Sweden has been sentenced to imprisonment,

transferred to Denmark, Finland, Iceland or Norway for

enforcement of the judgment, that conditions be established that he

They both may not be prosecuted or punished for something else

crimes committed before the transfer and, on the other hand, may not be

vidareöverlämnas or vidareutlämnas to a State outside the

The Nordic countries. It does not apply if the sentenced person has consented to the

the action or had a chance to leave the host

Nordic state but not done so within 45 days after its

final discharge, or has returned there after leaving the

the country.



On the preparation of the receiving State may deviate in the Nordic

from the condition. If the request applies to prosecutions or

penalties for other offences committed prior to the transfer,

to Chapter 5. section 7 of the Act (2011:1165) on surrender from Sweden

According to a Nordic arrest warrant is applied. The trial should

also include whether a surrender for the deed could have been

granted under Chapter 2. 5 § 1 – 3 the same law. If the representation

applies further handover or re-extradition to a State

outside the Nordic countries, Chapter 6. section 8 of the Act (2003:1156) on

the surrender from Sweden according to the European

arrest warrant or section 24 of the Act (1957:668) on extradition for

crimes shall apply. The competent District Court for review under

arresteringsorderlagen is Stockholm's District Court.




The first and second subparagraphs shall not apply if the convicted person according to what

thereupon provided should be expelled from Sweden and thus may

promoted to the other State. Law (2011:1167).



On the supervision of conditionally sentenced etc.



section 10 monitoring, as in Denmark, Finland, Iceland or Norway

conditionally sentenced with provision for supervision, may on request

organized here in the Kingdom. Act (1964:548).



section 11 of the prison system shall be in charge of monitoring and order

monitors for the condemned. Act (2005:968).



12 § What for the condemned is particularly regarding probation and

monitoring time in the State in which the judgment was given shall apply as if the

the judgment has been given here in the Kingdom. Regulations regarding the duties, was sentenced

issued in connection with the judgment, if not

Oversight Board orders otherwise, be applicable. In other respects,

What in law is provided on probation shall

application.



Announced in Denmark, Finland, Iceland or Norway decision if changed

provisions with regard on the judgment or the forfeiture of the period of grace,

the decision shall be valid here in the Kingdom. Law (1979:683).



13 § Arises here in the Kingdom question on action in respect of the like

conditionally sentenced in Denmark, Finland, Iceland or Norway, which

placed under surveillance, but offered the question preferably should be examined

in the State where the judgment was given, may the Court or probation board,

handling the case, refer the matter to the competent authority in

the said State. Act (1964:548).



section 14 If any, conditionally sentenced in Denmark, Finland, Iceland or

Norway, here in the Kingdom be convinced of other offences committed during the

the probation period or before its beginning, feel right, however, that monitoring of the

reason of the earlier decision not been organised here, removing the financial

the penalty for the crimes and the sentence to the common penalty. In doing so, the

before the judgment is considered judgment on probation. Act (1964:548).



15 § Monitoring of, as here in the Kingdom has been sentenced to probation, Mon

be transferred to Denmark, Finland, Iceland or Norway.



Be decided in the second state changed rules regarding å

probation, the decision shall be valid here in the Kingdom.



Yet that surveillance was transferred, may measure on

the probation be decided here in the Kingdom, if it judged this to be convinced

If another crime or competent authority in Denmark, Finland, Iceland

or Norway to the Swedish authority refers the matter if such a measure.

Thus referred the case occupied by the Supervisory Board within the

area of activity monitoring was carried out at the time of the transfer.

Law (1983:245).



section 16 Have in Denmark, Finland, Iceland or Norway decided on the Elimination

of suspended sentence or probation, imposed here in the Kingdom, the

decision be valid here. Act (1964:548).



On the supervision of conditionally released, etc.



section 17 of the monitoring of the execution conditionally freed, after which in

Denmark, in Finland by faengsel of House of correction, or prison, in Iceland by

fangelsi or in Norway by prison (), may on request be organised here in the Kingdom.

Act (1964:548).



section 18 of the prison system shall be in charge of monitoring and order

the monitor been released,. Act (2005:968).



19 § what it is been released, particularly regarding probation and

monitoring time in the State in which the release occurred shall apply as if the

the release took place here in the Kingdom. Regulations on the frigivnes

duties, made in connection to the conditional

the release, school, if not Oversight Board appoints others, own

application. In other respects, shall, unless otherwise provided below, shall apply

What in Swedish law generally is provided on conditional release; However,

may the probation period not be extended.



Explained here in the Kingdom the conditional stipulated freedom completely or

in part, this shall be forfeited, the enforcement of what is forfeited,

commuted to prison on the same amount of time.



Be decided in Denmark, Finland, Iceland or Norway revised

with respect to the conditional release or forfeiture of the

conditionally admitted, the decision shall be valid here in

Empire. Law (1979:683).



20 § Arises here in the Kingdom regarding action with regard on the conditional

the release, ordered in Denmark, Finland, Iceland or Norway,

as regards the monitoring organised here, but there is the question

preferably should be tried in the State, where the release occurred, Mon

Oversight Board or, if the convicted person persuaded another offence,

the Court may refer the matter to the competent authority of that State Law

(1964:548).



section 21 If any, conditionally released after the execution in Denmark by

faengsel, in Finland by House of correction, or prison, in Iceland by fangelsi

or in Norway by prison (), here in the Kingdom be persuaded

other crimes he committed during the probation period, feel right, anyway to

monitoring of the conditional release not organised

Here, in accordance with what is prescribed in the law on conditional

release explain the conditional stipulated freedom completely or

partially forfeit. In doing so, the school rules in paragraph 19

own application. Law (1979:683).



section 22 of the monitoring, as here in the Kingdom conditionally released after

the execution of imprisonment, may be transferred to Denmark, Finland, Iceland

or Norway.



Be decided in the second state changed rules in respect of the

conditional release, the decision shall be valid here in the Kingdom.



Yet that surveillance was transferred, may measure on the

conditional release to be decided here in the Kingdom, if it been released,

This persuaded another offence or competent authority in Denmark,

Finland, Iceland or Norway to the Swedish authority refers the case if

such a measure. Thus referred the case occupied by the

the Monitoring Board in whose area of activity monitoring conducted

at the time of the transfer. Law (1983:245).



section 23 Has in Denmark, Finland, Iceland or Norway ordered forfeiture

by conditionally admitted freedom, as designated in this Kingdom, shall

decision be valid here.



Common provisions



24 § request for enforcement under 1 or section 5 or if

the organisation of supervision in accordance with 10 or section 17 shall by appropriate

authorities in Denmark, Finland, Iceland or Norway.



The petition may be granted, with less judgment is enforceable in the

State in which the notified. Act (1971:573).



section 25 request for enforcement under 1 or section 5 or

on the organisation of monitoring under 10 or 17 § review by

The prison system.



Petition under this Act if enforcement or if

the organisation of surveillance in Denmark, Finland, Iceland or Norway

opinion of the prison system in the cases referred to in paragraphs 3 and 8, as well as by

Oversight Board in the cases referred to in paragraphs 15 and 22.

Act (2005:968).



section 26 of the prison and probation service decision under this Act be appealed to

General administrative courts. Correctional and Court

decision shall be effective immediately unless otherwise decreed.



Leave to appeal is required for an appeal to the administrative court.

Act (2005:638).



26 a of a decision may not be appealed under section 26 before

the decision has been examined by the prison service. Such a review

may be requested by the decision concerns about it have been him

or her mind. An appeal against a decision which does not have

being reviewed shall be considered as a request for reconsideration.



Upon review under this section, the decision may not be changed

to the convicted. Act (2005:968).



26 b of A request for review shall be in writing and be

come in to the prison system within three weeks from the date of

the convict received the decision. In the request for review shall

the convicted person specifying which decisions referred to and what change in

the decision that he or she desires. Act (2005:968).



26 c § penitentiary considers whether the letter of request for

review has come in at the right time. If the letter has arrived

too late, it must be rejected, unless the delay is due to

the Agency provided the faulty intelligence on how to

request for reconsideration. Act (2005:968).



26 d § correctional decisions under section 26 may be appealed to the

administrative law in whose area of jurisdiction the correctional,

the custody or free care Office is located where the convicted person was

inscribed in the first decision in the case was made.



Decisions concerning a person who is not enrolled in a

correctional institution, a detention or a free-care offices in

the country may be appealed to the administrative law Government

determines. Law (2009:779).



paragraph 27 of the Monitoring Committee's decision about the request under section 15

the first paragraph or section 22 or the Declaration referred to in section 19 of

the second paragraph may be appealed to the District Court of the place where the

Oversight Board is located. The same applies to

the Supervisory Board's decision pursuant to section 19 of the first subparagraph of

disposal in accordance with chapter 26. section 22 of the criminal code. The appeal

shall be submitted to the Supervisory Board. The time is counted from the

date on which the person received the decision. In the appeal case

Act (1996:242) about court cases. Supervisory Board shall

not, however, be a party to the Court.



The Supervisory Board's decision referred to in this clause applies

immediately, unless otherwise decided. Law (2010:614).



section 28 is upheld a petition for enforcement under section 5 and the

have it for the transfer were sentenced here set out conditions,

those conditions apply here. Law (2011:1167).



section 29 Has representation on the enforcement of sentences in accordance with paragraph 1 or 5

or if the organisation of supervision in accordance with section 10 or 17 approved


or have the removal decision pursuant to section 14 or confiscation according to

section 21, may not be brought here in Empire prosecution for acts referred to in the in the

other State judgment. With respect to the other provisions in Swedish law

If overlapping of crimes and of change of penalty shall, as

It is considered that had judgment here in the Kingdom. As provided for in section 19 of

Fine Enforcement Act (1979:189) shall not apply. Team

(1983:356).



section 30 is repealed by Act (1964:548).



31 § Arise, since the request under paragraph 1 or 5 has been approved,

question about obstacles to enforcement here in the Kingdom because of

limitation period, should this matter be adjudicated under the law of the State in which the

the judgment was given.



What in law is an excuse for mercy in criminal cases shall, as regards

enforcement here in the Kingdom, shall apply in respect of

Danish, Finnish, Icelandic and Norwegian judgment, referred to in this law.



Whem here in the realm of Danish, Finnish, Icelandic or Norwegian

judgment, referred to in this law, what of grace determined in the State, where

the judgment was given, give pause to this Institute.



32 § the enforcement of custodial sentences are transferred from

Denmark, Finland, Iceland or Norway to another of these States may

without special permission be brought by Sweden.



the Government owns 33 § order the power conferred under this law

apply the prison system may be exercised by the other authority.



Give rise to enforcement under section 1 of the court actions here in

the Kingdom, shall, in respect of the authority to receive the subpoena, and to

speak and respond to apply the same rules as in the case of a

Swedish State's claim. Act (2005:968).



34 § Equal with those in this law, decisions or injunction, as

After the law of the State in which it is granted, possesses the same effect

that judgment.



35 § costs of enforcement under section 1, which is not be covered

enforcement action by companies, so the costs of

enforcement and other measures under this Act staying on

the Treasury.



36 § in cases concerning the enforcement abroad of

custodial penalty shall be public counsel appointed for the

as the action relates, unless it must be assumed that the need for assistance

missing.



The first subparagraph shall also apply in the cases referred to in 5 (a) and

5 (b) sections. (Act (2000:459).



Transitional provisions



1985:221



This law shall enter into force in relation to Finland four weeks from

the date code on the utkomit from the pressure in Swedish

statutes, as well as in relation to Denmark, Iceland and Norway

the day the Government determines. In the case of periodic penalty payments submitted before

entry into force, however, older provisions.



1994:437



This law shall enter into force on 1 October 1994. Order issued

the Board of Directors prior to the entry into force of the Penal appeal

older provisions.



2005:968



1. this law shall enter into force on 1 January 2006.



2. Older rules still apply in the case of

The Prison Board's examination of other

the prison authority's decision before

entry into force and, secondly, in case of appeal by

The Prison Board's decision before

the entry into force. What is in the older rules about

Prison Board shall, after the entry into force instead

apply to the prison system.



2008:489



1. this law shall enter into force on 1 July 2008.



2. Older rules still apply in the case of

enforcement of penalty payments as referred to in paragraph 4(1) 2

submitted to the Marketing Act (1995:450).



2010:614



This law shall enter into force on 1 april 2011. Cases received

to the Court prior to the entry into force, but not yet settled

are dealt with under the older rules.



2011:1167

1. this law shall enter into force on the day the Government determines.



2. Older provisions apply to cases where the transfer as

instituted before its entry into force.



2016:191



1. this law shall enter into force on 1 september 2016.



2. Older rules still apply in the case of enforcement of the penalty under paragraph 4(1) 2 submitted to the Stockholm City Court or the market Court.