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The Swedish Rules on International Legal Assistance in Criminal Matters The Swedish Rules on International Legal Assistance in Criminal Matters

The Swedish Rules on International...6 The Swedish Rules on International Legal Assistance in Criminal Matters 1 Cf. Footnote 6 infra. 2 Extradition, transfer of proceedings and co-operation

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Page 1: The Swedish Rules on International...6 The Swedish Rules on International Legal Assistance in Criminal Matters 1 Cf. Footnote 6 infra. 2 Extradition, transfer of proceedings and co-operation

The SwedishRules onInternationalLegal Assistance inCriminalMatters

The Swedish Rules on International Legal Assistance

in Criminal Matters

Page 2: The Swedish Rules on International...6 The Swedish Rules on International Legal Assistance in Criminal Matters 1 Cf. Footnote 6 infra. 2 Extradition, transfer of proceedings and co-operation
Page 3: The Swedish Rules on International...6 The Swedish Rules on International Legal Assistance in Criminal Matters 1 Cf. Footnote 6 infra. 2 Extradition, transfer of proceedings and co-operation

The Swedish Rules on International Legal Assistance in Criminal Matters

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Contents

1 Introduction 52 What forms of assistance can be afforded? 73 In connection with what types of proceedings can

assistance be afforded? 94 General conditions for granting assistance 11

4.1 The measure shall be possible to use in corresponding Swedish investigations or proceedings 11

4.2 Double criminality (in certain cases) 12

5 Requests and ways of communication 15

5.1 Which authorities can make a request? 15

5.2 What information should be included in requests? 15

5.3 Where should requests be sent? 17

6 Procedure when executing a request 20

7 Special rules on the different measures 23

7.1 Introduction 23

7.2 Hearing during preliminary investigation 24

Conditions 24

Procedure 24

7.3 Taking of evidence before Swedish Courts 24

Conditions 24

Procedure 24

7.4 Hearing by means of telephone conference 25

Conditions and procedure 25

7.5 Hearing by means of video conference 25

Conditions 25

Procedure 25

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7.6 Seizure and provisional attachment 26

Seizure and transfer of seized property to another state 26

Seizure or provisional attachment (sequestration) for the purpose of securing enforcement in Sweden of a foreign confiscation order 27

Procedure 28

7.7 Search of premises, body search and body examination 28

Conditions 28

Procedure 30

7.8 Interception of telecommunications and secret camera surveillance 30

Conditions 30

Procedure 31

7.9 Transfer of persons deprived of liberty for the purpose of hearing, confrontation etc. 31

Conditions 31

Procedure 32

8 Confidentiality and bank secrecy 33

Requests are kept confidential 33

Exemptions from bank secrecy 33

9 Limitation on use 34

10 Impediments for granting assistance 36

10.1 Introduction 36

10.2 Mandatory impediments 36

Sovereignty, National Security, Ordre Public etc. 36

10.3 Non-mandatory impediments 37

Political offences 37

Military offences 37

Res Judicata 38

Refusal due to other circumstances 38

General rules concerning non-mandatory impediments 39

11 Costs 40

12 Conventions and agreements that Sweden has ratified 41

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Index 42

Appendix No. 1: International Legal Assistance in Criminal Matters Act 44

Appendix No. 2: Ordinance concerning International Legal Assistance in Criminal matters 62

Appendix No. 3: The Central Authority 66

Appendix No. 4: The European Judicial Network; contact points in Sweden 67

Appendix No. 5: List of Swedish Courts and their Internal Territorial Jurisdiction 69

Appendix No. 6: List of Swedish Prosecution Authorities and their Jurisdiction 77

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1 In the year 2000 a new comprehensive Swedish act on internationallegal assistance in criminal matters (hereafter the InternationalLegal Assistance Act) was enacted. With the new act thepossibilities for Swedish authorities to assist foreign states for thepurpose of criminal investigations and criminal proceedings hasbeen greatly extended. The underlying principle is nowadays thatSwedish authorities should be able to assist foreign states withevery measure that is available for Swedish authorities in domesticinvestigations or proceedings. The purpose of this booklet is todescribe the conditions on which Sweden can provide judicialassistance of different types and to provide guidance for foreignauthorities that wish to make a request for assistance from Sweden.It should be emphasised that the rules in the International LegalAssistance Act applies also in relation to states that do not have an(bilateral or multilateral) agreement concerning legal assistancewith Sweden.

2 One of the purposes of the International Legal Assistance Actwas to collect all (or at least most of the) rules on mutual legalassistance in one act, thereby creating a simplified and more lucidset of rules. Earlier the Swedish rules on mutual legal assistancewere found in several different acts, ordinances and other legaltexts, which had been written at different times. The consequenceof this was not only that the conditions for granting assistancevaried slightly between different areas, but also that it was difficultfor judges, prosecutors etc. to get an overview of the state of thelaw.

3 Another purpose of the legislative reform was to adjust theSwedish rules on mutual assistance to the fact that crimes in

5Introduction

1 Introduction

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modern society—due to, inter alia, the integration within theEuropean Union, increased movability, improved means ofcommunication, the development of organised crime and the use ofmodern technology—often concerns more than one state.

4 Further, it was also necessary to make changes in the legislationin order to live up to the requirements of the SchengenImplementation Convention and other treaties etc. adopted (orexpected) within the European Union.

5 Even though the International Legal Assistance Act was enactedbefore the Convention on Mutual Assistance in Criminal Mattersbetween the Member States of the European Union was signed, theambition was to construct the act so that it, at least on the whole,would meet the requirements expected under the convention.1

6 The International Legal Assistance Act contains rules concerningmost of the different measures that a request for assistance mayconcern. In principle, it is only service of documents etc. uponrequest by other states that is dealt with separately.2 Further thereare special rules on legal assistance on the request of internationalinstitutions, e.g. the international war tribunals.

6 The Swedish Rules on International Legal Assistance in Criminal Matters

1 Cf. Footnote 6 infra.2 Extradition, transfer of proceedings and co-operation concerning enforcement of judgments are outside the scope of this booklet. The rules applicable are found inthe Act (1957:668) on Extradition for Criminal Offences (in relation to Nordic states, however, the Act (1959:254) on Extradition for Crimes to Denmark, Finland, Iceland an Norway is applied), the Act (1976:19) on International Co-operation on Transfer of Proceedings and the Act (1972:260) on International Co-operation Concerning Enforcement of Punishment (in relation to Nordic states the Act (1963:193) on Co-operation with Denmark, Finland, Iceland and Norway Concerning Enforcement of Punishment etc. is applied).

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7 According to the International Legal Assistance Act Sweden canassist foreign authorities with a lot of different measures, including:

– examination during preliminary investigations,– hearing by means of telephone conference,– hearing by means of video conference,– taking of evidence in courts,– seizure, – provisional attachment (sequestration),– search of premises, – body search, – body examination,– interception of telecommunications (secret wire tapping and

secret telecommunications surveillance),– secret camera surveillance, and– transfer of persons deprived of liberty for hearing or

confrontation. (In this context it should also be mentioned thatwhen a person is to be transferred from one state to another for thepurpose of hearing or confrontation the Swedish Minister of Justicemay grant permission for transport through Swedish territory).

8 The list corresponds to the measures available to Swedishprosecutors and judges in a Swedish criminal investigation orproceeding. The underlying principle is that a foreign criminalinvestigation or proceeding should be put on an equal footing witha corresponding national case and be treated in the same way.

9 In addition, there is nothing to prevent prosecutors and courtsfrom assisting foreign authorities in other ways than those governedby the International Legal Assistance Act, on the condition that theassistance does not include coercive measures. (Chapter 1 section 2subsection 2.)

7What forms of assistance can be afforded?

2 What forms of assistance can beafforded?

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10 Beside the International Legal Assistance Act there are rules onservice of summons upon request of foreign authorities in theOrdinance (1909:24 p. 1) on Service of Summons upon the Requestof Foreign Authorities.

11 Foreign authorities may service a person who is present inSweden by the means of the ordinary post (i.e. without assistanceof Swedish authorities).

12 Swedish authorities can also, upon request, provide assistancewith service of summons, judgements and other proceduraldocuments. Service of documents are not dealt with further in thisbooklet.

8 The Swedish Rules on International Legal Assistance in Criminal Matters

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13 The International Legal Assistance Act is, as a main rule, applicableonly in relation to judicial assistance in criminal matters, i.e.assistance for the purpose of criminal investigations or criminalproceedings. Generally, it is a task for Swedish prosecutors andcourts to provide assistance (to consider and to execute requests).Consequently police and customs co-operation is not governed bythe International Legal Assistance Act. (To what extent a police orcustoms official is empowered to request for assistance; see para 34

infra.)14 In the International Legal Assistance Act it is explicitly

prescribed that the Act is applicable also when the requestconcerns an investigation or a proceeding against a legal person(Chapter 1 Section 3).

15 Apart from being applicable in relation to assistance for thepurpose of criminal investigations or criminal proceedings theInternational Legal Assistance Act also applies in certain othersituations.

16 First (1), there are some international conventions according towhich the contracting states shall, under certain conditions, providefor legal assistance also in relation to administrative, and other non-criminal, proceedings. See article 49 a) in the SchengenImplementation Convention and article 9.1 in the OECDConvention on Combating Bribery of Foreign Public Officials inInternational Business Transaction (cf. also articles 2 and 3 in theConvention on Mutual Assistance in Criminal Matters between theMember States of the European Union).

17 In the International Legal Assistance Act it is thereforeprescribed that Sweden can provide legal assistance also when the

9In connection with what types of proceedings can assistance be afforded?

3 In connection with what types of proceedings can assistance be afforded?

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request concerns a case which, either in the requesting state or inSweden, is dealt with in administrative—or other non-criminal(“other proceedings than criminal”)—proceedings. (Chapter 1

section 5 subsection 1 paragraph 1.)18 This rule is, however, according to subsection 2, applicable only

as far as this follows from an international agreement that is bindingon Sweden, i.e. it is applicable only insofar as Sweden has anobligation to afford assistance under an international agreement.(Thus, if there is no duty to grant assistance under the SchengenImplementation Convention or under the OECD Convention onCombating Bribery of Foreign Public Officials etc., then there is noduty to provide assistance under the International Legal AssistanceAct either.)

19 Second (2), assistance can also be provided if the requestconcerns proceedings for compensation in respect of erroneousdeprivation of liberty or unjustified prosecution or conviction.(Chapter 1 section 5 subsection 1 paragraph 2.)

20 Third (3), it is prescribed that Sweden can afford assistance inmatters dealt with in conjunction with criminal proceedings, e.g.proceedings for compensation for harm caused by crime. (Chapter1 section 5 subsection 1 paragraph 3.)

21 Fourth (4), the Act is also applicable in relation to requestsconcerning pardon, suspension of delivery of a sentence, suspensionof the execution of a sentence, conditional release, interruption ofexecution of punishment and other similar questions. (Chapter 1section 6.)

22 The rules described under (2)–(4) corresponds to (parts of)Article 49 in the Schengen Implementation Convention (the ruledescribed in (4) also corresponds to Article 3 in the additionalprotocol to the European Convention on Mutual Assistance inCriminal Matters). Assistance according to these rules do not,however, presuppose that the requesting state is a party to thesetreaties, i.e. there is no requirement of reciprocity.

10 The Swedish Rules on International Legal Assistance in Criminal Matters

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4.1 The measure shall be possible to use in corresponding Swedish investigations or proceedings

23 As mentioned earlier, the underlying principle of the InternationalLegal Assistance Act is to equate a foreign criminal investigation orproceeding with a national case. Consequently legal assistance shallbe afforded under the same conditions as under domestic law, i.e.on the condition that the measure requested, according to theSwedish Code of Judicial Procedure or according to any other legalnorms, could be taken in a corresponding Swedish investigation orproceeding. Thus, the general preconditions for the use of differentmeasures in internal Swedish investigations and proceedings applyin relation to requests for international legal assistance as well.(Chapter 2 section 1.)

24 These general rules are supplemented by the rules in theInternational Legal Assistance Act. Primarily the rules in theInternational Legal Assistance Act forms a bridge between theforeign and national procedural law and take into account the factthat the executed measure is to be used in an investigation orproceeding under foreign procedural law.

25 Thus, when considering a request for assistance the responsibleSwedish authority must have regard to both the general rules andthe rules in the International Legal Assistance Act.

26 The prerequisites applicable in relation to the different forms ofassistance are dealt with in Chapter 7 infra.

11General conditions for granting assistance

4 General conditions for granting assistance

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27 As said above, Swedish prosecutors and courts may also assistforeign authorities in other ways than those prescribed in theInternational Legal Assistance Act on the condition that theassistance does not include coercive measures.

4.2 Double criminality (in certain cases)

28 In principle, one could say that the requirement under Chapter 2section 1—i.e. that the requested measure shall be possible to takein corresponding Swedish investigations or proceedings—includes arequirement of double criminality. (If a request concerns an actwhich does not amount to an offence under Swedish law then therequested measure would not be possible to take in acorresponding Swedish investigation etc.) The provision in Chapter2 section 1 must, however, not be interpreted as to imply that thereis a general requirement of double criminality. The scope of thedouble criminality requirement is instead regulated in Chapter 2section 2 of the International Legal Assistance Act. There it isexplicitly prescribed in relation to which measures there is arequirement of double criminality.

29 With regard to assistance with hearings (in person or by themeans of telephone or video conference), taking of evidence andtransfer of persons deprived of liberty (for the purpose of hearingor confrontation) there is no requirement of double criminality.

30 Assistance with measures that have a coercive character—searchof premises, body search, body examination, seizure, provisionalattachment (sequestration), interception of telecommunicationsand secret camera surveillance—do, however, presuppose doublecriminality.

31 In relation to requests concerning body search, bodyexamination, provisional attachment (sequestration), interceptionof telecommunications and secret camera surveillance therequirement of double criminality is unconditional.

32 With regard to search of premises and seizure there are certainexceptions from the requirement of double criminality. Even if therequirement of double criminality is not fulfilled a requestconcerning search of premises or seizure may be granted if:

(1) the requesting state is member of the European Union and

12 The Swedish Rules on International Legal Assistance in Criminal Matters

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the request concerns an offence which is punishable byimprisonment in the requesting state,

(2) the request comes from Norway or Iceland and concerns anoffence which is punishable by imprisonment in the requestingstate or,

(3) the act either in the requesting state or in Sweden is dealtwith in an administrative—or other non-criminal—procedure andthe act corresponds to an offence for which imprisonment of sixmonths or more is laid down by Swedish law or by the law of therequesting state; formal reciprocity is required (cf. para 16–18

above). (Chapter 4 section 20.)

33 The requirement of double criminality is according to theInternational Legal Assistance Act fulfilled if the offencecorresponds to an offence under Swedish law. The word“corresponds” is used to indicate that it is not required that theoffence in Sweden and the offence in the requesting state coincidecompletely. As a consequence of this Swedish authorities areallowed to reconstruct the offence to some extent whenconsidering whether the requirement is fulfilled (e.g. assume thatthe offence has been committed in Sweden instead of abroad or hasbeen directed against Swedish interests instead of against the

13General conditions for granting assistance

Double criminality Double criminality Double criminality is not required is sometimes required is always required

hearing search of premises body search

hearing by means seizure body examinationof telephoneconference

hearing by means provisional attachmentof video conference

taking of evidence interception of telecommunications

transfer of persons secret cameradeprived of liberty surveillance

Table 1: The scope of double criminality requirement

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interests of the requesting state etc.). This may be of importancesince certain Swedish offences presuppose that the offence iscommitted within Sweden (e.g. illicit gambling), is directed againstSwedish interests (e.g. tax crime) or is committed by a person whohas some relation to Sweden (e.g. misuse of office can only becommitted by a person authorized to exercise Swedish publicauthority). Thus, since it is allowed for Swedish authorities toreconstruct the offence (within certain boundaries) suchlimitations of the scope of Swedish offences does not, generally,constitute an impediment for granting assistance.

14 The Swedish Rules on International Legal Assistance in Criminal Matters

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5.1 Which authorities can make a request?

34 A request for legal assistance may be made by foreign prosecutors,investigating judges, other judges and courts. Other persons orauthorities than those mentioned may request legal assistance onthe condition that they are empowered to make such a requestaccording to an international agreement that is binding on Sweden.(Chapter 2 section 3.) According to the European Convention onMutual Assistance in Criminal matters every state may, e.g., decidewhich authorities that are to be considered as judicial authoritiesunder the convention. As a consequence of this, police authoritiesor certain police officers in, e.g., Denmark, Finland, Norway and theUnited Kingdom are empowered to request for assistance under theconvention and, accordingly, under the International LegalAssistance Act.

5.2 What information should be included in requests?

35 A request for assistance must always contain information about theforeign court or authority that is responsible for the case in therequesting state. Naturally, particulars, such as address, telephonenumber and fax number, shall be included. In cases where directcommunication between the authorities involved is allowed (seesection 5.3 infra), it is advisable that the responsible official isindicated.

36 Further, the request must contain: – general information about the legal procedure in question, – specific information about the offence with which the

15Requests and ways of communication

5 Requests and ways of communication

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defendant has been, or is about to be, charged (when, where andhow was the suspected offence committed?),

– information about the law applicable in the requesting state, – information about which type of assistance that is requested,

and– name and address etc. of the persons implicated in the matter.

37 If the request concerns some sort of hearing (in person or by meansof telephone or video conference) it must also be stated in whichcapacity the person is to be heard (as a witness, as a suspect etc.).It should be observed that a person could be heard on oath onlybefore a court.

38 Whenever a request is marked “urgent” or a deadline is indicatedthe requesting state shall explain the reasons for the urgency ordeadline.

39 With regard to requests that concerns seizure or provisionalattachment (sequestration) it is explicitly prescribed in chapter 4section 14 of the International Legal Assistance Act that therequest shall be accompanied by a copy of the judgment inquestion. Naturally, this requirement applies only insofar as ajudgment has been issued. If the request concerns seizure orprovisional attachment (sequestration) for the purpose of securinga future confiscation order that is to be enforced in Sweden, itshould be stated when prosecution will be instituted or when ajudgment is to be expected (this is to enable the court to decide onthe duration of the measure, see para 96 infra).

40 If a request concerns a hearing by means of telephone or videoconference it must—according to chapter 4 sections 8 and 11—beevident from the request that the person who is to be heardconsents to being heard by telephone conference or by the means ofvideo conference.

41 In requests concerning transfer of persons deprived of liberty forthe purpose of hearing or confrontation it shall be indicated thelength of time that the person transferred will need to stay in therequesting state (chapter 4 section 29). If the person who is to betransferred has the right to be silent (in some respect) under thelaw of the requesting state, it is convenient if the relevant rules areenclosed.

16 The Swedish Rules on International Legal Assistance in Criminal Matters

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42 A request shall be submitted in writing (by post, by hand or byfax). The Swedish authority involved may, however, in relation to anindividual case decide to accept requests sent in some other way,for example by e-mail.

43 The request and enclosed documents shall be written inSwedish, Danish, Norwegian or be translated to one of theselanguages. However, the responsible Swedish authority may acceptthat the request is written in another language.

5.3 Where should requests be sent?

44 With the International Legal Assistance Act the Nordic model,which allows for direct communication between the responsibleauthorities, was extended to member states of the European Union.Reciprocity is not required. Further, direct communication is alsoallowed if it has been agreed upon in an international agreementthat is binding on Sweden. Provisions that allow for directcommunication are found in the European Convention on MutualAssistance in Criminal Matters (article 15.2–15.5) and in theEuropean Convention on Laundering, Search, Seizure andConfiscation of the Proceeds from Crime (article 24.2–3 and 24.5).Such provisions are also found in the Convention on MutualAssistance in Criminal Matters between the Member States of theEuropean Union.

45 Requests concerning hearings (in person or by means of telephoneor video conference) at the stage of preliminary investigation, seizure,provisional attachment, search of premises, body search, bodyexamination, interception of telecommunications and secret camerasurveillance can be sent to the prosecutor that is competent to dealwith the request (i.e. the prosecutor within which jurisdiction themeasure should be taken).3 Requests from a member state of theEuropean Union or from Norway or Iceland that concerns transfer ofpersons for the purpose of hearings and confrontation can also besent to the competent prosecutor.

46 Requests concerning taking of evidence before Swedish courts

17Requests and ways of communication

3 A list of the Swedish prosecution authorities and their territorial jurisdiction isenclosed in appendix no. 6.

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and requests concerning hearings (in person or by means oftelephone or video conference) during trial can be sent directly tothe city or district court that is competent to deal with the question(i.e., the court within which jurisdiction the measure should betaken).4

47 The word “can” is used in order to indicate that the requestingstate is not obliged to make use of the right to directcommunication, i.e. the request can always be sent to the Ministryof Justice (the Central Authority under the relevant treaties as from1 October 2000).

18 The Swedish Rules on International Legal Assistance in Criminal Matters

Direct Communication: Where should a request be sent?

District courts Prosecutors

Hearings (trial) Hearings (preliminary investigation)

Taking of evidence Seizure

Provisional attachment

Search of premises

Body search

Body examination

Interception of telecommunications

Secret camera surveillance

Transfer of persons deprived of their liberty for the purpose of inquieries etc.5

Table 2: Direct communication (EU-states, Iceland, Norway and other states that have an agreement on direct coummunication)

4 A list of the Swedish city and district courts and their internal territorial jurisdiction is enclosed in appendix no. 5.5 Requests concerning transfer of persons deprived of their liberty are considered by a prosecutor only if the request comes from a member state of the European Union or from Norway or Iceland. Thus, requests from other states that have an agreement on direct communication should be sent to the central authority.

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48 If a request concerns several different measures, a prosecutor thatis competent to execute one of the measures may also, if it isappropriate, execute the other measures even if they wouldnormally fall within the competence of some other prosecutor.

49 If the requesting authority does not know which court orprosecutor that is competent to deal with the matter, the requestmay be sent to the Ministry of Justice. However, the requestingauthority is encouraged to take any informal contacts in order toclarify where to send the request. Beside the contact points in theEuropean Judicial Network, one may also call or e-mail to theMinistry of Justice for advice. (See appendix no. 3 and appendix no.4 for contact information.)

50 Should a request by mistake be sent to a court or a prosecutorthat is not competent to deal with the case in question, that courtor prosecutor is, according to chapter 2 section 7, obliged toforward the request to the competent authority. A request may behanded over to some other court or prosecutor also otherwise ifconsidered appropriate. If the request has been forwarded to acompetent authority, the requesting authority will be notified.

51 Requests from other states (i.e. non-Nordic states that neitherare members of the European Union nor have an agreement ondirect communication with Sweden) shall be sent to the centralauthority, i.e. the Ministry of Justice. The central authorityforwards the request to the competent court or to the ProsecutorGeneral, unless the matter shall be decided by the Government.The central authority and the Prosecutor General may agree thatrequests that are to be forwarded to the Prosecutor General shouldbe sent directly to a prosecutor instead. It has been agreed thatrequests from member states of the European Union normally shallbe forwarded to the competent prosecutor and not to theProsecutor General.

19Requests and ways of communication

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52 According to Chapter 2 section 10 of the International LegalAssistance Act the same procedure (procedural rules etc.) shall beapplied as is applied when a corresponding measure is taken inconnection with a Swedish investigation or proceeding, i.e. thegeneral provisions found in the Code of Judicial Procedure and inother acts and ordinances are applicable. This means, e.g., that aforeign defence counsel has the same right to be present as aSwedish one.

53 The procedure can, however, according to Chapter 2 Section 11

(and in accordance with article 4 of the Convention on MutualAssistance in Criminal Matters between the Member States of theEuropean Union), be adjusted according to the wishes of therequesting state as long as the requested procedure does notconflict with fundamental principles of Swedish law. Thus, theresponsible Swedish authority shall adjust the procedure as tocomply with formalities and procedures indicated by therequesting state.

54 The purpose of this section is to give Swedish courts andprosecutors the possibility to adjust the procedure as to meet therequirements of the law of the requesting state. If, e.g., the law ofthe requesting state requires that a person who is the subject of ameasure shall be heard before the measure is taken or requires thata defence lawyer should be present at a hearing the procedure shall,upon request, normally be adjusted to meet such requirements.

55 Thus, one can say that the International Legal Assistance Actdoes not only put foreign authorities on equal footing with Swedishauthorities, but it also provides a means for adjusting the normalprocedure to the needs of the requesting state.

20 The Swedish Rules on International Legal Assistance in Criminal Matters

6 Procedure when executing a request

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56 The International Legal Assistance Act does also contain ruleson how requests should be dealt with by Swedish authorities. Theserules are mainly built on the Joint Action on Good Practice inMutual Legal Assistance in Criminal Matters.

57 According to Chapter 2 section 10 requests for legal assistanceshall be executed promptly.

58 If required by the requesting authority, the Swedish authorityinvolved shall confirm that the request has been received.

59 If a request does not contain the information needed, therequesting state shall be given opportunity to supplement therequest. Thus, a request will not be refused due to the fact that itis incomplete unless the requesting state omits to supplement it.

60 If a measure can not be taken within the deadline indicated inthe request and this may cause difficulties in the requesting state,the Swedish court or prosecutor shall promptly notify the foreignauthority of when the measure can be taken.

61 Whenever a request may be granted only partly, or under certainconditions, the requesting state shall be informed about theimpediments that exist and be given opportunity to state itsopinion or to change the request.

62 The reasons for refusing a request shall, according to Chapter 2section 16, always be indicated in the decision.

63 A person who shall be heard or do something else under theInternational Legal Assistance Act is entitled to refuse on thecondition that he has the right to do so under Swedish law or underthe law of the requesting state. If the person refuses and refer tothe law of the requesting state the responsible Swedish authoritymay contact the requesting authority, or the central authority inthe requesting state, in order to get information concerning the lawin the requesting state.

64 Further, suspects, accused and aggrieved persons who shall beheard or is otherwise adversely affected by a certain measure havethe same right to a public defence counsel, counsel for aggrievedperson or supporting person as in the case of a Swedish preliminaryinvestigation or trial.

65 When it comes to taking of evidence a defence counsel may,according to Chapter 4 section 3 of the International LegalAssistance Act, be appointed for the suspect or the accused also in

21Procedure when executing a request

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other situations (i.e. in situations when the suspect is not to beheard and is not otherwise adversely affected) if there are specialreasons, e.g. if an important witness is to be heard and the suspectis not, or will not be, present or represented at the hearing.

22 The Swedish Rules on International Legal Assistance in Criminal Matters

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7.1 Introduction

66 The International Legal Assistance Act contains, in Chapter 4,

special rules applicable in relation to the different measuresavailable. Some of these rules concerns procedure and someconcerns prerequisites for granting assistance. As indicated in para23 the underlying principle is, however, that the general internalrules shall apply in relation to international legal assistance as well.Thus, Chapter 4 of the International Legal Assistance Act do, inprinciple, only contain such supplementary rules that are necessaryin order to make the internal system work in relation to requestsfrom foreign states as well. One can say that the rules are intendedto form a bridge between the foreign and national procedural law(i.e., to take into account the fact that the executed measure is tobe used in a foreign investigation or proceeding).

67 The purpose of using the internal Swedish rules also in relationto requests from foreign states is, of course, to put foreignauthorities on equal footing with Swedish authorities. Theconsequence of this is, however, also that foreign authorities mayneed some information about these rules as well. Therefore thischapter contains a description of the rules in the InternationalLegal Assistance Act on the one hand, and a brief description of thegeneral internal rules on the other. The information about theinternal Swedish rules is written with smaller typeface.

23Special rules on the different measures

7 Special rules on the different measures

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7.2 Hearing during preliminary investigation

68 Conditions. There are no special requirements put up in theInternational Legal Assistance Act.

A hearing during preliminary investigation may according to Chapter 23

Section 6 of the Code on Judicial Procedure be held with anyone who isreasonably likely to possess information relevant to the investigation.

69 Procedure. Representatives of the requesting authorities mayaccording to Chapter 4 Section 1 of the International LegalAssistance Act be present during the hearing and may also, withthe consent of the responsible prosecutor, ask questions to theperson being heard. The hearing is, however, always conducted bythe responsible Swedish prosecutor.

70 A defence counsel may, in accordance with the rules in the Codeon Judicial Procedure, be appointed for the person being heard. Thedefence counsel may attend the hearing if the presence of thedefence counsel would not be of detriment to the inquiry.

7.3 Taking of evidence before Swedish Courts

71 Conditions. Taking of evidence before a Swedish court may involvehearing, documentary evidence and views. Taking of evidence doesnot presuppose that any special prerequisites are fulfilled.

72 Procedure. A judge from the foreign court or a representative of therequesting authority may, according to Chapter 4 section 4, bepresent when the evidence is collected and also, with thepermission of the Swedish court, question the person being heard.The right to be present applies also when the evidence is takenbehind closed doors in accordance with Chapter 5 section 1 of theCode of Judicial Procedure.

73 The fact that the general rules in the Code of Judicial Procedureapplies, means inter alia that the court may appoint a defencecounsel for the person being heard.

74 If the requesting state has presented a request for this, a Swedishprosecutor may—for the purpose of protecting the interests of therequesting state—be present when the evidence is collected.

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7.4 Hearing by means of telephone conference

75 Conditions and procedure. Foreign authorities may hear a personwho is present in Sweden by means of telephone without anyformalities or any involvement of Swedish authorities. This is due tothe fact that hearing by means of telephone conference is notconsidered as exercise of public authority in Sweden. The onlycondition for such hearings is that the person who is to be heardconsents.

76 A foreign authority may, however, also request assistance withthe hearing. The only condition for such assistance is that theperson who is to be heard consents.

77 If assistance is requested the responsible Swedish authority (acourt or a prosecutor) will call the person who is to be heard, checkthe identity of him or her and check that the person consents tobeing heard. The responsible authority shall, after having consultedthe requesting authority, decide on the practical arrangements. Thehearing is, of course, conducted by the requesting authority.

78 If requested, the hearing shall be considered as being takenoutside main hearing. A party shall be informed about the hearing,but shall be summoned only if he or she will be heard or else dosomething at the hearing. The court may also decide aboutassistance of an interpreter.

7.5 Hearing by means of video conference

79 Conditions. Assistance with hearings by means of video conferencemay, according to the International Legal Assistance Act, begranted on the condition that the person who is to be heardconsents to being heard by a video link. A request for assistancemay concern hearing at the stage of preliminary investigation as wellas hearing during trial.

80 Procedure. Hearing by means of video conference at the stage ofpreliminary investigation is dealt with by local prosecutors.Hearings during trial shall be handled by the district courts and areequated with taking of evidence outside main hearing. The hearingis conducted by the requesting authority.

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81 A hearing by means of video conference is part of the proceedingin the requesting state. Accordingly the person heard may have aneed for support and assistance. The person heard may therefore beaccompanied by a person to support him or her. Further theSwedish court may appoint a person to assist the person heard and,if needed, an interpreter.6

7.6 Seizure and provisional attachment

82 Property may according to the International Legal Assistance Acton the one hand be seized and transferred to the requesting state,but can on the other also be seized or subject to provisionalattachment and remain in Sweden for the purpose of securingenforcement in Sweden of a foreign confiscation order that hasbeen or will be delivered.

83 In Sweden two different measures are used to secureconfiscation. Seizure is applied in cases relating to confiscation ofproperty, while provisional attachment (sequestration) is used incases relating to value confiscation.

84 The preconditions for assistance with seizure and provisionalattachment are mainly found in the International Legal AssistanceAct. One must however have regard to the general rules in theCode of Judicial Procedure as well.

85 For example the proportionality test—according to which property may beseized (or subject to provisional attachment) only if the reasons for seizure(or provisional attachment) outweigh the consequent intrusion or otherdetriment to the suspect or to another adverse interest—applies to seizureand provisional attachment on request from foreign states as well (seeChapter 26 section 1 subsection 2 and Chapter 27 section 1 subsection 3 ofthe Code of Judicial Procedure).

86 Search of premises may be undertaken to search for property thatis subject to seizure (Chapter 4 section 16; see section 7.7 infra.)

87 Seizure and transfer of seized property to another state. According toChapter 4 section 19 of the International Legal Assistance Act

26 The Swedish Rules on International Legal Assistance in Criminal Matters

6 The rules on hearing by means of video conference will have to be extended whenSweden ratifies the Convention on Mutual Assistance in Criminal Matters betweenthe Member States of the European Union.

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property may be seized and transferred to the requesting state if itcan reasonably be assumed:

– that the object is of importance to the investigation of theoffence (seizure for evidentiary purposes),

– that the object has be taken from a person through a criminalact (seizure for the purpose of restitution to a crime victim), or

– that the object is subject to criminal confiscation (seizure forthe purpose of confiscation).

88 Seizure on the last-mentioned ground presupposes that theproperty could have been confiscated under Swedish law in a trialin Sweden and that there are special reasons for transferring theproperty to the requesting state.

89 Seizure or provisional attachment (sequestration) for the purpose ofsecuring enforcement in Sweden of a foreign confiscation order.Assistance with seizure of property that has been confiscated orreasonably can be assumed to be confiscated as a result of anoffence may be granted on the conditions:

– that the foreign confiscation order can be enforced in Sweden(this presupposes an international agreement on enforcement ofjudgments between the requesting state and Sweden), and

– that it can reasonably be anticipated that enforcement inSweden of the foreign confiscation order would be made moredifficult if the measure was not to be taken.

90 Assistance with provisional attachment (sequestration) for thepurpose of securing enforcement in Sweden of a foreign valueconfiscation order may be granted on conditions that correspondsto those that apply for seizure (see para 89 supra) namely

– that the foreign confiscation order can be enforced in Sweden(this presupposes an international agreement on enforcement ofjudgments between the requesting state and Sweden), and

– that it can reasonably be anticipated that enforcement inSweden of the foreign confiscation order would be made moredifficult if the measure was not taken.

91 Provisional attachment is made for so much of the suspect’sassets as corresponds to the value of what has been confiscated orreasonably may be assumed to be confiscated (i.e. so much that theclaim may be assumed to be secured on execution).

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92 As indicated above (see para 83 supra), provisional attachment(sequestration) can be used only for the purpose of securing valueconfiscation. Thus, provisional attachment can not be used in orderto secure evidence or for the purpose of securing that stolenproperty is returned to the owner etc. Instead, property can beseized for such purposes.

93 Property that is subject to provisional attachment (sequestration)can not be transferred to a foreign state.

94 Procedure. A request for seizure is executed by the prosecutor andshall, when implemented, promptly be notified to the court forconsideration, i.e. the court shall hold a hearing and considerwhether the measure was taken in accordance with the law and—ifthe property was seized for the purpose of being transferred to therequesting state—whether the property shall be transferred.

95 Also in respect of such hearings a representative of therequesting authority is allowed to be present and, with permissionof the court, to ask questions to the person concerned.

96 In respect of provisional attachment the responsible prosecutorshall immediately consider whether the conditions for provisionalattachment are fulfilled. If so, the request shall be forwarded to thecourt for decision. In Chapter 4 section 24 there are rulesregulating the duration of the measure.

7.7 Search of premises, body search and body examination

97 Conditions. The general rules on search of premises, body searchand body examination are found in the Code of Judicial Procedure.These rules apply to requests by foreign states as well.

98 A general condition which must be fulfilled if search of premises, bodysearch and body examination are to be allowed under Swedish law is thatthe reasons for the search or the examination outweigh the consequentintrusion or other detriment to the suspect or to another adverse interest(proportionality test).

99 Further, there are certain other, and more specific, preconditions for theuse of search, body search and body examination. These preconditions willbe described briefly below.

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100 Premises may according to Chapter 28 Section 1 of the Code of JudicialProcedure be searched on the condition that there is reason to believe thatan offence punishable by imprisonment has been committed. The premisesof a person, other than the one reasonably suspected of the offence, may besearched only if the offence was committed there, the suspect wasapprehended there or if extraordinary reason indicates that the search willreveal an object subject to seizure or other information concerning theoffence. Premises should be understood in a broad sense and includes, e.g.,means of transport.

101 Further, premises may be search in order to find a person who is to beapprehended, arrested, detained, taken into custody for questioning orappearance in court or subjected to body search or body examination. If thesearch concerns premises of another person than the one wanted, searchpresupposes that there is extraordinary reason to assume that the personwanted is present there. The same applies to a defendant wanted for serviceof a summons application or summons to appear at the hearing if efforts toserve have failed or are considered pointless. (See Chapter 28 Section 2 ofthe Code of Judicial Procedure.)

102 Public places may be searched for the mentioned purposes also in othercircumstances, i.e. even if the conditions put up in Chapter 28 Sections 1and 2 are not fulfilled.

103 Places used jointly by persons who can reasonably be expected to beengaged in criminal activity may be searched if:

(1) there is reason to believe that an offence punishable by imprisonmentof more than one year has been committed,

(2) there is special reason to believe that the purpose of the search willbe met, and

(3) the place in question is not mainly functioning as a dwelling.104 The preconditions for assistance with body search and body examination

are also found in the Code of Judicial Procedure. The concept of bodysearch includes examination of clothes and other things that a person has onhim, and the examination of other objects that a person has with him (e.g.bags, parcels and perambulators). Body examination, on the other hand,means the examination, exterior or interior, of the human body and also thetaking of samples from the human body and examination of such samples.

105 Body search may be conducted if there is reason to believe that anoffence punishable by imprisonment has been committed. The personsuspected of the offence may be subjected to a body search to discover anobject subject to seizure or other information of potential importance to theinvestigation of the offence. A person other than the one suspected may besubjected to a body search on the condition that there is extraordinaryreason to assume that an object subject to seizure thereby will bediscovered or that it is otherwise of importance for the investigation.

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106 The preconditions for body examination are the same as for body searchwith the exception that only the person suspected of the offence inquestion may be subject to body examination. (Even though it is notprescribed by law it is, however, considered to be allowed to conduct a bodyexamination of the victim of an offence if he or she consents to beingexamined.)

107 Procedure. Requests for search of premises, body search and bodyexamination are executed by the responsible prosecutor.

7.8 Interception of telecommunications and secret camera surveillance

108 Conditions. The general rules on secret wire tapping and secrettelecommunications surveillance are found in the Code on JudicialProcedure. The rules on secret camera surveillance are found in theAct (1995:1506) on Secret Camera Surveillance. The mentionedrules are applicable also when the measures are taken upon requestfrom a foreign state. There are no special conditions set out in theInternational Legal Assistance Act.

109 According to Swedish law measures such as secret wire tapping, secrettelecommunications surveillance and secret camera surveillance may beused only if

(1) someone is reasonably suspected of an offence, (2) the measure is of exceptional importance to the investigation and (3) the reasons for the measure outweigh the consequent intrusion or

other detriment to the suspect or to another adverse interest(proportionality test).

110 Further, there are certain requirements regarding the offence in relationto which the measure is to be used (often that the investigation concerns anoffence for which a certain minimum punishment is prescribed).

111 In this respect secret wire tapping presupposes that the investigationconcerns either (1) an offence in respect of which a less severe penalty thanimprisonment for two years is not prescribed or (2) attempt, preparation orconspiracy to commit such an offence (on the condition that attempt etc. ispunishable at all).7

112 Secret telecommunications surveillance may be used in a preliminaryinvestigation concerning (1) offences in respect of which a less severe

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7 Attempt, preparation and conspiracy is according to Swedish law punishable onlyin relation to offences in respect of which there is a specific provision indicatingthat attempt, preparation or conspiracy is criminalized.

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penalty than imprisonment for six months is not prescribed, (2) offencesunder section 1 of the Penal Law on Narcotics (according to which all typesof possession, transfer, acquisition etc. of narcotics are criminalized), (3)offences under Section 1 of the Law on Penalties for the Smuggling ofGoods (on the condition that the smuggling concerns narcotics) and (4)attempt, preparation, or conspiracy to commit an offence in respect ofwhich a less severe penalty than imprisonment for two years is notprescribed (on the condition that attempt etc. is punishable at all).

113 Secret camera surveillance may, according to the Act (1995:1506) onSecret Camera Surveillance, be used in relation to (1) offences in respect ofwhich a less severe sentence than imprisonment for two years is notprescribed and (2) in relation to attempt, preparation or conspiracy tocommit such an offence (on the condition that attempt etc. is punishable).Further conditions for the use of secret camera surveillance are that aperson is reasonably suspected of the offence and that the measure is ofextraordinary importance to the investigation. It should also be mentionedthat secret camera surveillance may only be used in relation to places inwhich the suspected offender may be assumed to appear.

114 Procedure. Requests for interception of telecommunications andsecret camera surveillance are executed by the responsibleprosecutor. The prosecutor shall immediately consider if theprerequisites for the measure exist and in such case apply to thecourt for permission to undertake the measure.

7.9 Transfer of persons deprived of liberty for the purpose of hearing, confrontation etc.

115 A person who is in Sweden may be transferred to the requestingstate for hearing or confrontation in conjunction with aninvestigation or court proceeding there. A person who is in custodyin the requesting state may also be transferred to Sweden for thesame purposes. The latter possibility is based on provisions in theConvention on Mutual Assistance in Criminal Matters between theMember States of the European Union.

116 Conditions. The conditions for transfer of a person deprived ofliberty are exclusively found in the International Legal AssistanceAct. A condition for granting a request concerning transfer of aperson deprived of liberty to another state is that the hearing doesnot relate to the personal criminality of the person whom therequest concerns.

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117 Further, a request for transfer of a person to another state maybe refused if a transfer would mean that the period for thedeprivation of liberty is extended or if the attendance of the persondeprived of liberty is needed in a criminal matter that is being dealtwith in Sweden.

118 Procedure. Requests for transfer are considered by the Governmentunless the request comes from a state that is a member of theEuropean Union or from Iceland or Norway. In such cases therequest is considered by a prosecutor. When a request is consideredthe views of the authority responsible for the enforcement of thedetention shall be obtained, unless it is manifest that this isunnecessary. When granting a request concerning transfer of aperson deprived of liberty, the Swedish authority shall, in thedecision, indicate when the person deprived of liberty shall, at thelatest, be returned to Sweden or, when appropriate, be released.

119 The Minister of Justice may grant permission for transportthrough Sweden for a person deprived of liberty who will betransferred from one state to another for the purpose of hearing orconfrontation.

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120 Requests are kept confidential. According to Chapter 5 section 7 ofthe Swedish Secrecy Act information connected to a request forlegal assistance in criminal matters is confidential if it can beassumed that the request has been made on the assumption thatthe information is not disclosed. In practice it will—due to thenature of the information involved—be assumed that requests havebeen made on the assumption that the information is keptconfidential (even if this is not indicated by the requesting state).

121 Exemptions from bank secrecy. The normal secrecy rules aresuspended when a national preliminary investigation is initiated by aprocecutor. According to Chapter 5 section 10 of the InternationalLegal Assistance Act it is made clear that bank secrecy is suspendedwhen there is a request for legal assistance relating to

(1) examination in conjunction with preliminary investigation, (2) search of premises or, (3) seizure.

122 In practice the banks provide information voluntarily upon therequest of a prosecutor and this also applies in so far asinternational requests are concerned. The result is that a formaldecision to question a bank official or search bank premises is veryrarely required.

33Confidentiality and bank secrecy

8 Confidentiality and bank secrecy

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123 A decision to grant assistance may, according to Chapter 5 Section2, be combined with conditions if it is called for having regard tothe rights of the individual or if it is necessary in view of publicinterests. Assistance can—naturally—not be associated withconditions if it would be in contradiction with internationalobligations that are binding on Sweden. (Rules concerningconditions are, e.g., found in articles 32.1 and 33.2 in theConvention on Laundering, Search, Seizure and Confiscation of theProceeds from Crime.) The European Convention on MutualAssistance in Criminal Matters does not allow contracting states toset conditions and Sweden has not made any reservations ordeclarations in this respect. Examples of conditions that may beassociated with a decision to grant assistance are:

– conditions regarding what shall be done when the proceedingsare closed, with property or documents which have been handedover to the requesting state (e.g. that the property or thedocuments shall be returned to Sweden when the investigation orproceeding is closed or that evidence collected by secret wiretapping or secret camera surveillance shall be destroyed when thematter has been decided by a judgment which has the force of resjudicata),

– conditions regarding the use of documents which containconfidential information regarding a company or an individual.

124 The possibility to grant assistance associated with conditionsshould according to the travaux préparatoires be used with greatdiscrimination; the point of departure when considering whether adecision to grant assistance shall be associated with conditions isthat it shall not.

34 The Swedish Rules on International Legal Assistance in Criminal Matters

9 Limitation on use

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125 According to Chapter 5 Section 3 of the International LegalAssistance Act the prosecutor or court that has imposed thecondition may, upon request from an authority in the requestingstate, grant exceptions to the condition. A prosecutor or a courtmay also grant exceptions in respect of conditions that applydirectly by virtue of provisions in an international agreement (onthe condition that such exceptions are allowed under the relevantagreement).

35Limitation on use

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10.1 Introduction

126 The rules that deal with impediments for granting assistance can bedivided into two categories. First, there are rules according towhich requests shall be refused if certain conditions are fulfilled(mandatory impediments). Second, there are rules according towhich requests may be refused (non-mandatory impediments). Adecision to refuse a request for assistance due to an impedimentdealt with in this section is always taken by the Government(whereas the responsible prosecutor or court takes the decision torefuse if a request does not fulfil the conditions referred to inChapters 4 and 7).

10.2 Mandatory impediments

127 Sovereignty, National Security, Ordre Public etc. A request for legalassistance shall be refused if execution of the request would: (1)prejudice Swedish sovereignty, (2) involve a risk to national security,or (3) conflict with Swedish general principles of law (ordre public)or other essential interests. (Chapter 2 section 14 subsection 1.)The section corresponds to article 2 b in the European Conventionon Mutual Assistance in Criminal Matters.

128 A decision to refuse a request on this ground is taken by theGovernment. If a prosecutor or a court deals with a requestconcerning legal assistance, and thereby finds that the requestshould be refused due to one of the mentioned factors, the requestshall, consequently, be transferred to the Government. Thus,Swedish courts and prosecutors are authorized to grant assistance

36 The Swedish Rules on International Legal Assistance in Criminal Matters

10 Impediments for granting assistance

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even though questions concerning sovereignty, national security orordre public have to be considered, but they are not authorized torefuse a request on these grounds. (Chapter 2 section 15.)

10.3 Non-mandatory impediments

129 Political offences. According to the International Legal AssistanceAct a request for judicial assistance may be refused if the requestconcerns a political offence. (Chapter 2 section 14 subsection 2

paragraph 1.)130 This ground for refusal is, however, not applicable in relation to

Norway, Iceland and states that are members of the EuropeanUnion. (Chapter 2 section 14 subsection 2.)8

131 When considering whether the political offence-exception shallapply to a certain case the totality is decisive. The fact that anoffence includes an element of political character does notconstitute an impediment for granting assistance if the offence, inthe concrete case, can be considered to be of mainly non-politicalcharacter.

132 Military offences. In the International Legal Assistance Act it is alsoprescribed that a request may be refused if it concerns a militaryoffence. A request may, however, not be refused due to the fact thatit concerns a military offence if the act also corresponds to anotheroffence which according to Swedish law is not a military offence.(Chapter 2 section 14 subsection 2 paragraph 2.)

133 The rule should not be understood as to imply that Sweden nevercan grant assistance in relation to military offences. The fact that arequest concerned a military offence was, under the rules

37Impediments for granting assistance

8 The exception for member states of the European Union is connected to the factthat the Convention on Extradition between the Member States of the EuropeanUnion does not contain an exception for political offences. It was simply notconsidered to be consistent to have a political offence-exception for judicialassistance but not for extradition. The Nordic states have a long tradition of co-operation in judicial matters. Having regard to this tradition, it was considered tobe reasonable to extend the exception for member states of the European Unionalso to the Nordic states that are not members of the European Union, i.e. Norwayand Iceland.

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applicable before the International Legal Assistance Act wasenacted, an impediment for granting assistance only if the requestconcerned search of premises, seizure or transfer of personsdeprived of liberty for the purpose of hearing etc. Thus, in relationto taking of evidence and hearings during investigation there wereno exceptions for military offences. Since the International LegalAssistance Act is not intended to restrict the possibilities to grantassistance, it is to be expected that the rule on military offenceswill be applied by the Government with great discrimination.

134 Res Judicata. Further, a request may, according to the InternationalLegal Assistance Act, be refused if there is a Swedish judgment ora Swedish decision on waiver of prosecution concerning the act(offence) in question. (Chapter 2 section 14 subsection 2 paragraph3.) Nor this ground for refusal is supposed to be applied regularly.It will probably seldom be applied in relation to requests forassistance with hearings or taking of evidence, but more often whenthe request concerns coercive measures such as search, interceptionof telecommunications etc.

135 The fact that prosecution has been instituted in another state (lispendens) does not constitute an impediment for granting assistanceunder the International Legal Assistance Act.

136 Refusal due to other circumstances. In the International LegalAssistance Act it is also prescribed that a request may be refusedif “the circumstances are otherwise such that the request shouldnot be granted”. (Chapter 2 section 14 subsection 2 paragraph 4.)

137 The purpose of this section is, according to the travauxpréparatoires, to guarantee that Sweden has the possibility to refusea request in cases in which it would be offensive, or at leastobjectionable, to execute it. The section should be applied withgreat discrimination, e.g. when prosecution in Sweden for a longtime has been barred by the statutes of limitation, when the offencein question already has been tried in another state or when a personwho is deprived of his liberty does not consent to being transferredto the requesting state. Further, the paragraph makes it possible totake lack of double criminality into account also in relation to suchmeasures that do not necessarily presuppose double criminality.

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138 One reason for including a general possibility to refuse a requestdue to other circumstances than those specified was that this wasconsidered to be necessary if a lot of other impediments andpreconditions were to be abolished. Another reason is that Swedenprovides assistance without requiring an agreement with therequesting state. Thus, the rule must not be interpreted to implythat Sweden generally will be restrictive when considering requestsfor assistance.

139 General rules concerning non-mandatory impediments. The questionwhether a request for assistance shall be refused due to a non-mandatory impediment is, as was stated above, considered by theGovernment. If a prosecutor or a court, when dealing with a requestfor legal assistance, finds that the request shall be refused due to anon-mandatory impediment, the request shall be transferred to theGovernment. (See para 126 and 128 supra.)

140 In Chapter 2 section 14 subsection 3 it is explicitly prescribedthat a non-mandatory impediment may not be applied if this wouldbe in conflict with an international agreement which is bindingupon Sweden. This exception from the non-mandatoryimpediments is of relevance, e.g., in respect of certain terroristcrimes (according to article 8.1 of the European Convention on theSuppression of Terrorism assistance may not be refused on the soleground that it concerns a political offence or an offence connectedwith a political offence or an offence inspired by political motives).Another example is that a refusal due to the fact that prosecutionis barred by the statutes of limitation (in the requested state) is notallowed under the European Convention on Mutual Assistance inCriminal Matters.

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141 The main rule is that costs related to a request for legal assistanceare covered by the Swedish state. The Government may, however,according to chapter 5 section 12, issue rules according to whichthe Swedish state may require compensation for certain costs fromthe requesting state. This competence has been made use of in theOrdinance (2000:704) concerning International Legal Assistance inCriminal Matters. (See appendix no. 2.)

142 According to section 7 of the Ordinance the following costs shallbe recovered from the requesting state:

– in respect of taking of evidence: remuneration that has beenpaid to experts (with the exception of experts that have providedopinions on blood examinations executed when the taking of theevidence was made upon request by a Nordic State),

– in respect of transfer of persons being deprived of liberty: costsfor transport,

– in respect of hearing by means of video conference: costs for theservicing of the videolink, remuneration to interpreters andremuneration that has been paid to witnesses and experts,

– in respect of secret wire tapping: the authority’s disbursementsfor telecommunications operators’ costs incurred in executingsecret wire tapping.

143 In addition, extraordinary costs may, according to section 8 ofthe Ordinance, be recovered unless the requesting state is a partyto the European Convention on Mutual Assistance in CriminalMatters.

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11 Costs

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144 The rules on international legal assistance do, to a large extent,build on international agreements. Sweden has ratified thefollowing conventions:

– the European Convention (1959) on Mutual Assistance inCriminal Matters (including the additional protocol),

– the European Convention (1977) on terrorism,– the United Nations Convention (1988) against Illicit Traffic in

Narcotic Drugs and Psychotropic Substances (the ViennaConvention), and

– the European Convention (1990) on Laundering, Search,Seizure and Confiscation of the Proceeds from Crime,

Further Sweden has bilateral agreements on mutual legalassistance with Australia (1998) and Canada (2000). The rules inthese agreements correspond, in principle, with the rules in theEuropean Convention (1959) on Mutual Assistance. Sweden hasalso bilateral agreements on mutual legal assistance with Hungary(1986) and Poland (1990), and an agreement with the UnitedKingdom concerning the restraint and confiscation of the proceedsof crime (1992).

41Conventions and agreements that Sweden has ratified

12 Conventions and agreements that Sweden has ratified

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Administrative proceedings 16–18, 32

Bank secrecy 121, 122

Body examination 7, 30, 31, 45, 97–99, 101, 106, 107, table 1 and table 2Body search 7, 30, 31, 45, 97–99, 101, 104, 105, 107, table 1 and table 2Camera surveillance 7, 30, 31, 45, 108, 109, 113, 114, 123, table 1 and table 2Central authority 47, 51, App. No. 3Compensation

– erroneous deprivation of liberty 19

– for costs 141

– harm caused by crime 20

– unjustified prosecution or conviction 19

Conditional release 21

Conditions – for granting assistance 23–33

– limitation on use 123–125

– specific measures 66–119

Confidentiality 120

Confiscation 39, 82, 83, 87, 89, 90, 92

Conventions etc. 144

– Joint Action on Good Practice in Mutual Legal Assistance in Criminal Matters56

– European Convention (1959) on Mutual Assistance in Criminal Matters 22, 34,

44, 123, 127, 140, 143, 144

– European Convention (1990) on Laundering, Search, Seizure and Confiscation ofthe Proceeds from Crime 44, 123, 144

– Convention on Mutual Assistance in Criminal Matters between the MemberStates of the European Union 5, 16, 44, 53, 115, footnote 6.

Costs 141–143

Documentary evidence 71

Double criminality 28–33, 137, table 1EU 3–5, 16, 32, 44, 45, 51, 53, 115, 118, 130

European Judicial Network 49, App. No. 4

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Index

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Iceland 32, 45, 118, 130, table 2Hearings

– by the means of telephone conference 7, 29, 37, 40, 45, 75–78, 133, 134, table 1and table 2

– by the means of video conference 7, 29, 37, 40, 45, 79–81, 133, 134, 142, table 1and table 2– during preliminary investigation 7, 29, 37, 45, 68–70, 133, 134, table 1 and table 2– during trial 7, 29, 37, 46, 71–74, 133, 134, table 1 and table 2

Interception of telecommunications 7, 30, 31, 45, 108–112, 114, 134, table 1 and table 2Interruption of execution of punishment 21

Lis pendens 135

Military offences 132, 133

National security 127, 128

Norway 32, 34, 45, 118, 130, table 2Ordre public 127, 128

Pardon 21

Political offences 129–131, 140

Provisional attachment 7, 30, 31, 39, 45, 82–85, 90–93, 96, table 1 and table 2Public interests 123

Requests 35–43

Res judicata 123, 134

Schengen Implementation Convention 4, 16, 18, 22

Search of premises 7, 30, 32, 45, 86, 97–103, 107, 121, 133, table 1 and table 2Secrecy 120, 121

Secret telecommunications surveillance 7, 30, 31, 108–110, 112, 114, table 1 and table 2Secret wire tapping 7, 30, 31, 108–111, 114, 123, 142, table 1 and table 2Seizure 7, 30, 32, 39, 45, 82–89, 94–96, 100, 105, 121, 133, table 1 and table 2Sequestration, see provisional attachmentService of summons etc. 6, 10–12, see also App. No. 3Sovereignty 127, 128

Suspension of the delivery or the execution of a sentence 21

Taking of evidence 7, 65, 71–74, 133, 134, 142, table 1 and table 2The International Legal Assistance Act App. No. 1Transfer of persons deprived of their liberty 7, 29, 41, 45, 115–119, 133, 137, 142, table 1

and table 2Views 71

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The following is hereby enacted.

Chapter 1. Introductory provisions

section 1 This Act contains provisions concerning legal assistance incriminal cases in Sweden and abroad.

This Chapter contains provisions concerning the scope of the Act. Chapter 2 contains general provisions concerning legal assistance in

Sweden. Chapter 3 contains general provisions concerning legal assistanceabroad.

Chapter 4 contains special provisions concerning different measures oflegal assistance.

Chapter 5 contains provisions concerning conditions regardinglimitation on use, immunity, secrecy, sharing of confiscated propertybetween states, reimbursement of costs as well as on implementation andannouncement.

ScopeSection 2 Legal assistance under this Act comprise the followingmeasures:

1. examination in conjunction with preliminary investigation in criminalmatters

2. taking of evidence in court3. hearing by telephone conference4. hearing by video conference5. provisional attachment, seizure and search of premises and other

measures under Chapter 28 of the Code of Judicial Procedure

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6. interception of telecommunications7. secret camera surveillance8. transfer of persons deprived of liberty for hearing, etc.The Act does not prevent assistance with another measure than those

referred to in the first paragraph if it can be taken without using coercivemeasure or other coercive means.

There are special provisions relating to extradition and service. Thereare also special provisions concerning legal assistance in criminal mattersfor certain international bodies.

section 3 If another state requests legal assistance in Sweden with ameasure in legal proceedings relating to the investigation of or prosecutionof a natural or legal person for an offence, the assistance requested shallbe provided in accordance with the provisions of this Act.

section 4 Legal assistance in Sweden is provided by a prosecutor or court,unless otherwise stated in this Act.

section 5 Legal assistance in accordance with Section 2 shall also beprovided

1. in matters which are being dealt with in administrative proceedingsor in other proceedings than criminal proceedings in the requesting stateor in Sweden,

2. in matters that relate to damages for improper deprivation of liberty,institution of prosecution or improper final judgment, or

3. in matters dealt with in conjunction with a criminal case.The first paragraph, item 1, only applies to the extent that it has been

agreed under an international agreement that is binding on Sweden.

section 6 Legal assistance in accordance with Section 2 shall also beprovided in matters concerning pardon, postponement of sentencing orexecution of a penalty, conditional release or interruption of execution ofpenalty or the like.

section 7 This Act contains certain provisions providing that a Swedishprosecutor may apply for legal assistance abroad. The Act does not preventa Swedish prosecutor from applying for legal assistance abroad also in othermatters to the extent that the other state so allows.

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A Swedish court may only apply for legal assistance abroad inaccordance with the provisions in this Act.

Chapter 2. General provisions concerning legal assistance inSweden.

General prerequisites section 1 Legal assistance referred to in Chapter 1, Section 2, firstparagraph, items 1–7, shall be provided subject to the prerequisitesapplicable to a corresponding measure during a Swedish preliminaryinvestigation or trial in accordance with the Code of Judicial Procedure orother statute or enactment and in accordance with special provisions inthis Act.

Legal assistance referred to in Chapter 1, Section 2, first paragraph,item 8, is provided in accordance with the special provisions in this Act.

Chapter 5, Section 2 contains provisions whereby legal assistance maybe combined with conditions in certain cases.

section 2 Legal assistance referred to in Chapter 1, Section 2, firstparagraph, items 1–4 and 8 may be provided even if the act to which therequest relates does not correspond to an offense according to Swedishlaw. Legal assistance referred to in Chapter 1, Section 2, first paragraph,items 5–7, may only be provided if the act to which the request relatescorresponds to an offense according to Swedish law (dual criminality),unless otherwise follows from Chapter 4, Section 20 regarding search ofpremises and seizure.

The requestsection 3 A request for legal assistance in Sweden under this Act may bemade by a foreign prosecutor, investigating judge, another judge or courtor by some other person empowered to make such a request according toan international agreement that is binding on Sweden.

section 4 A request for legal assistance in Sweden under this Act shouldcontain:

– information about the foreign court or authority that is executing thematter,

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– a description of the legal proceedings pending, – information about the act involved, stating the time and place of the

act, together with the provisions that are applicable in the requesting state,– information about which measure is requested and, when appropriate,

in which capacity a person shall be heard,– name and address of the persons implicated in the matter.Chapter 4, Sections 8, 11, 14 and 29 contain special provisions

concerning what a request further should contain regarding certain kindsof measures.

If the matter is urgent or if execution is desired within a specific timelimit, this, together with the reasons for the urgency or time limit, shall bestated.

A request for legal assistance shall be made in writing by post,messenger or telefax.The request may also, upon agreement in theparticular case, be sent in another manner.

section 5 A request for legal assistance and enclosed documents shall bewritten in Swedish, Danish or Norwegian or be accompanied by atranslation into one of these languages, unless the instance responsible forexecuting the request under this Act so allows in the particular case.

section 6 A request for legal assistance in Sweden under this Act shallbe sent to the Ministry of Justice, which will pass the request on to theProsecutor-General or to the competent court unless the request shall beconsidered by the Government. The Ministry of Justice may, followingconsultation with the Prosecutor-General, pass the matter on directly to acompetent prosecutor.

A request from a state that is a Member of the European Union or fromNorway or Iceland may be made directly to a competent prosecutor orcourt. This also applies if it in an international agreement that is bindingon Sweden has been agreed that a request may be made directly.

Competence and transfer to another prosecutor or district courtsection 7 A request that according to this Act is to be executed by acourt shall be executed by the district court within whose area therequested measure shall be taken unless otherwise prescribed by this Act.

A request that according to this Act is to be executed by a prosecutorshall be executed by the prosecutor within whose area the requested

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measure shall be taken or the prosecutor assigned by the Prosecutor-General.

A prosecutor who is competent to execute one of several requestedmeasures may also, if it is appropriate, execute other requested measuresthat another prosecutor is competent to take.

If the prosecutor or the district court is not competent to execute therequest, the request shall be transferred to a competent prosecutor ordistrict court. The request may also, following consultation, betransferred in other cases, if this is appropriate.

Notificationssection 8 If the foreign authority so requests, the prosecutor or districtcourt that is handling the matter shall acknowledge receipt of the request,unless the measure requested can be taken immediately.

If a measure requested can not be taken within the time limit stated inthe request and if it can be assumed that this will impair the proceedingsin the requesting state, the prosecutor or the district court that ishandling the matter shall, promptly, notify the foreign authority of when itwill be possible to take the measure requested.

Incomplete requests and impediments to executionsection 9 If the request does not contain the information necessary forthe matter to be executed, the requesting state shall be given anopportunity to supplement the request. If the request can only be grantedpartially or subject to certain conditions, the requesting state shall benotified about the impediments that exist and be given an opportunity toexpress its views or to supplement or amend the request.

The proceduresection 10 Requests for legal assistance shall be executed promptly.Unless otherwise prescribed by this Act, the same procedure shall beapplied as is applied when a corresponding measure is taken in connectionwith a Swedish preliminary investigation or trial. A court may decide thatthe matter shall be executed completely or partially in a foreign language,if this is appropriate.

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section 11 If the request contains a request of a particular procedure,this shall be applied, if it does not conflict with the fundamental principlesof the Swedish legal system.

section 12 A person who shall be heard or otherwise satisfy somethingaccording to this Act is entitled to refuse, if there is a basis for so doingunder Swedish law or under the law of the requesting state.

Public defence counsel, counsel for aggrieved person and supporting personsection 13 A suspect, accused or aggrieved person who shall be heardaccording to this Act, or who is otherwise adversely affected by a measurerequested, has the same right to a public defence counsel, counsel foraggrieved person or supporting person as in the case of a Swedishpreliminary investigation or trial.

Chapter 4, Section 3 contains special provisions concerning publicdefence counsels.

Consideration of requests and decisions on refusalssection 14 A request for legal assistance shall be refused if execution ofthe request would violate Sweden’s sovereignty, involve a risk to nationalsecurity or conflict with Swedish general principles of law or otheressential interests.

A request for legal assistance may also be refused if1. the act is in the nature of a political offence,2. the act comprises a military offence, unless the act also corresponds

to another offence under Swedish law that is not a military offence,3. a judgment or decision on waiver of prosecution concerning the act

has been issued in Sweden, or 4. the circumstances are otherwise such that the request should not be

granted.The second paragraph does not apply if a refusal would conflict with an

international agreement that applies between Sweden and the requestingstate. The second paragraph, item 1, does not apply to a request from astate that is a Member of the European Union or from Norway or Iceland.

section 15 Decisions on refusals on any of the grounds stated in Section14 are made by the Government. If a prosecutor or a court considers thata request should be refused on any such ground, the request shall be

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transferred to the Government. A request may also be transferred to theGovernment for determination of a refusal in other cases.

Otherwise, the instance that deals with the matter considers anddecides whether the prerequisites and conditions applicable under the Actare satisfied. If the request has been submitted to the Ministry of Justiceand it is manifest that the request should be refused, the Minister ofJustice may directly decide to refuse the request instead of passing it onin accordance with Section 6.

section 16 A decision to refuse a request completely or in part shallexplain the reasons that determined the outcome.

Reporting backsection 17 When the processing of the matter has been concluded, itshall be reported to the Ministry of Justice for passing on to the requestingstate. If the request has been made directly in accordance with Section 6,second paragraph, the matter shall instead be reported directly to theauthority in the requesting state that made the request.

Chapter 3. General provisions concerning legal assistanceabroad

section 1 The provisions of Chapter 2, Section 4, first and thirdparagraphs, shall be applied when legal assistance is requested abroadunless otherwise follows from an international agreement that is bindingon Sweden or from requirements of the receiving state.

Chapter 4, Section 9, 10 and 13 contains special provisions concerningwhat a request for a hearing by telephone conference or video conferenceshall contain.

section 2 A request from a Swedish prosecutor or court that a measurethat is referred to in this Act shall be taken abroad shall be sent to theMinistry of Justice to be passed on to the foreign state.

A request for legal assistance in Denmark, Finland, Iceland or Norwayshall be sent directly to the competent authority. The request may also besent directly to the competent authority in another state if it has been

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agreed in an international agreement that is binding on Sweden or if thatstate otherwise allows this.

section 3 Chapter 5, Section 1 contains provisions on what shall apply inthe event of legal assistance provided to Sweden being combined withconditions.

Chapter 4. Special provisions concerning different measuresof legal assistance

Examination in conjunction with preliminary investigation

section 1 A request for hearing in Sweden in accordance with theprovisions relating to preliminary investigations in criminal matters isexecuted by a prosecutor.

Representatives for the requesting authority may participate at thehearing and may, with the permission of the prosecutor, present questionsdirectly to the person being heard.

Taking of evidence in courts

Taking of evidence in Swedish courts section 2 A request for taking of evidence in a Swedish court thatinvolves holding a hearing, the production of written evidence or theconduct of a viewing is executed by a district court.

The matter shall be regarded as a taking of evidence outside a mainhearing. The parties shall be notified of the time and place for the takingof evidence but only need to be summoned if the party shall be heard orotherwise satisfy something at the taking of evidence.

section 3 At a taking of evidence a public defence counsel may beappointed in accordance with Chapter 21 of the Code of JudicialProcedure for the suspect or the accused also in other cases than thosereferred to in Chapter 2, Section 13, if there are special reasons.

section 4 A judge at the foreign court or representative for the authority

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that requested the taking of evidence may participate at the taking ofevidence and may, with the permission of the court, present questionsdirectly to the person being heard.

section 5 If the requesting state has presented a request for this, aSwedish prosecutor may participate at the taking of evidence for thepurpose of protecting the interests of the requesting state.

Taking of evidence in foreign courtssection 6 In a case or a matter at a Swedish court, the court may decidethat evidence shall be taken in a foreign court. Such taking of evidencemay relate to conduct of a viewing, written evidence or hearing of awitness, expert, party, the aggrieved person or the person referred to inChapter 36, Section 1, second and third paragraphs of the Code of JudicialProcedure.

section 7 If measures referred to in Chapter 23, Sections 13–15, of theCode of Judicial Procedure shall be taken in a foreign court and theforeign state requires that the request first shall be considered by a courtin Sweden, a district court may at the request of a prosecutor decide thatsuch measures shall be taken abroad.

Hearing by telephone conference

Hearing by telephone conference with a person who is in Swedensection 8 A foreign authority may hold a hearing by telephone conferencewith a person who is in Sweden and consents to the hearing.

If the foreign authority needs the assistance of a Swedish prosecutor orcourt in connection with the hearing, the authority may apply for legalassistance with a hearing by telephone conference. Such a request for legalassistance in connection with a trial is executed by a district court. Arequest for legal assistance with a hearing by telephone conference duringthe preliminary investigation is executed by a prosecutor. The request shallindicate that the party to be heard consents to a hearing by telephoneconference.

The date and time for the hearing referred to in the second paragraphand other practical issues associated with the hearing shall be decided in

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consultation with the authority in the requesting state. The person whoshall be heard shall be notified of the time and place for the hearing. Theidentity and the consent to the hearing by telephone conference shall alsobe verified. Section 11 first paragraph shall be applied at the hearing if therequesting state so requests. If so, Section 12 shall also apply.

Hearing by telephone conference with a person who is abroadsection 9 The provisions of Chapter 46, Section 7, second paragraph ofthe Code of Judicial Procedure concerning hearing by telephone at mainhearings may be applied when the person to be heard is abroad if theforeign state so allows.

If the other state requires that its authorities shall give assistance at thehearing, a Swedish court shall apply for legal assistance with the hearing bytelephone conference.

If a Swedish court needs assistance of a foreign authority with a hearingby telephone conference, the court may apply for legal assistance inconnection with a hearing by telephone conference if it has been agreedunder an international agreement that is binding on Sweden or if that stateotherwise gives such assistance.

The request shall indicate that the person to be heard consents to thehearing by telephone conference.

section 10 The prosecutor may hold a hearing by telephone conferenceduring a preliminary investigation with a person who is abroad, if theforeign state so allows.

The provisions in Section 9, second to fourth paragraph also apply whena Swedish prosecutor applies for legal assistance.

Hearing by video conference

Video conference with a person who is in Swedensection 11 A request for legal assistance with a hearing by a videoconference in a trial with a person who is in Sweden shall be executed bythe district court that has the technical means required for such a hearing.The request shall indicate that the person to be heard consents to ahearing by video conference. When processing the matter at the districtcourt, the matter shall be regarded as a taking of evidence outside a main

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hearing. The parties shall be notified of the time and place for the takingof evidence but do not need to be summonsed unless he or she shall beheard or otherwise satisfy anything at the taking of evidence. If needed, thecourt may decide on the assistance of an interpreter.

A request for legal assistance with a hearing by video conference duringa preliminary investigation is executed by a prosecutor.

section 12 A witness or expert, who shall be heard by a video conferencein accordance with Section 11 may be accompanied by a suitable person aspersonal support (supporting person) during the hearing.

If the person to be heard so requests or if there is other cause to do so,the district court may appoint a person to assist the person to be heard inaccordance with the first paragraph. As regards the counsel, Sections 26,

27, 29, 43 and 47 of the Legal Aid Act (1996:1619) apply. Otherwise, therules of the Code of Judicial Procedure on assistance by counsel apply.

Video conference with a person who is abroadsection 13 In a case or matter at a Swedish court, the court may,provided that a video conference in a trial is allowed according to Swedishlaw, apply for legal assistance with a hearing at a foreign authority by videoconference of a person who is in another state, if the provision of such legalassistance has been agreed in an international agreement that is binding onSweden or if the foreign state otherwise provides such assistance. Therequest shall indicate that the person being heard consents to a hearing byvideo conference.

A prosecutor may apply for legal assistance by a foreign authority witha hearing by video conference during the preliminary investigation of aperson who is in another state, if the provision of such legal assistance hasbeen agreed under an international agreement with the other state or if theother state otherwise allows it.

Provisional attachment, seizure and search of premises and othermeasures under Chapter 28 of the Code of Judicial Procedure

The request and proceduresection 14 If judgment has been issued in the foreign state, a copy of thejudgment shall be annexed to the request for provisional attachment or

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seizure. A request for provisional attachment as referred to in Section 23

should, when appropriate, contain information about when prosecutionwill be instituted or a judgment can be issued in the requesting state.

section 15 A request for provisional attachment in Sweden is executedby a prosecutor. The prosecutor shall immediately consider whether theperquisites of the measure exist and in such case hand over the request tothe court for a decision.

section 16 A request for seizure in Sweden, or for search of premises inSweden to search for property that is subject to seizure, is executed by aprosecutor.

Seizures implemented shall be promptly notified to the court forconsideration. The court shall, as soon as it can take place, hold a hearingon the matter. The provisions of Chapter 24, Section 17, second paragraphof the Code of Judicial Procedure shall be applied at the hearing.

section 17 Representatives for the requesting authority may participateat the hearing and may, with the permission of the court, presentquestions to the person affected by the measure.

section 18 A request that other measures under Chapter 28 of the Codeof Judicial Procedure than referred to in Section 16 shall be taken inSweden is dealt with by a prosecutor.

Seizure and transfer of seized property to another statesection 19 Property may be seized and transferred to the requesting stateif the property may reasonably be assumed:

– to be of importance for the investigation of the act– to have been deprived from someone by an offence, or– to be confiscated by reason of an offence, if the property could have

been confiscated under Swedish law in a trial in Sweden and there arespecial reasons to transfer the property to the requesting state.

section 20 If the act to which the request relates does not correspond toan offence according to Swedish law, a search of premises in accordancewith Section 16 may be made and property seized and transferred to therequesting state, provided that the request has been made by a state that

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is a Member of the European Union or by Norway or Iceland and thatimprisonment may be imposed for the act in the requesting state.

In a case of legal assistance as referred to in Chapter 1, Section 5, firstparagraph, item 1, a search of premises may be conducted and propertymay be seized and transferred to the requesting state if the actcorresponds to an offence for which imprisonment of six months or moreis laid down by Swedish law or by the law of the requesting state. Whathas just been said does not apply if the first paragraph is applicable.

section 21 The court shall consider whether the seizure is lawfullyfounded and whether the property shall be transferred to the requestingstate.

section 22 Decisions to transfer seized property to another state areexecuted by the prosecutor.

Seizure and provisional attachment to secure enforcement in Sweden of aforeign confiscationsection 23 If confiscation that is decided in another state can be enforcedin Sweden, and it can reasonably be anticipated that enforcement inSweden of the foreign confiscation decision would otherwise be mademore difficult,

1. property that has been confiscated or that can reasonably be assumedto be confiscated as a result of an offence may be seized, or

2. a decision on provisional attachment may be made for so much of theassets of the person concerned as correspond to the value of that which hasbeen confiscated or reasonably may be assumed to be confiscated.

section 24 When the court decides on provisional attachment orconfirms a seizure executed, the court shall decide how long the measuremay continue at most. The time determined may be extended if there isreason to do so.

If there is no longer reason for provisional attachment or seizure, thecourt shall revoke the measure. Before the provisional attachment orseizure is revoked, the court shall give the requesting state an opportunityto express its views, unless this is manifestly unnecessary. In othermatters, the measures shall remain in force until such time as a request forexecution is considered.

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Interception of telecommunications

Secret wire tapping and secret telecommunications surveillance of a personwho is in Swedensection 25 A request for secret wire tapping or secret telecommunicationssurveillance of a person who is in Sweden is executed by a prosecutor. Theprosecutor shall immediately consider whether the prerequisites for themeasure exist and in such case apply for the permission of the court for themeasure.

Secret wire tapping and secret telecommunications surveillance of a personwho is abroadsect ion 26 If secret wire tapping or secret telecommunicationssurveillance shall take place of a person who is in another state and theother state requires that the request first be considered by a court inSweden, the district court may on the request of a Swedish prosecutordecide to allow secret wire tapping or secret telecommunicationssurveillance.

Secret camera surveillance

Secret camera surveillance of a person who is in Swedensection 27 A request for secret camera surveillance of a person who is inSweden is executed by a prosecutor. The prosecutor shall immediatelyconsider whether the prerequisites for the measure exist and in such caseapply for the permission of the court.

Secret camera surveillance of a person who is abroadsection 28 If secret camera surveillance shall take place of a person whois in another state and the other state requires that the request first beconsidered by a court in Sweden, a district court may on the request of aSwedish prosecutor decide to allow secret camera surveillance.

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Transfer of persons deprived of liberty for hearings, etc.

Transfer from or to Sweden at the request of another statesection 29 Upon application by another state, for a hearing orconfrontation in conjunction with a preliminary investigation or trial there,

1. a person who is deprived of liberty in Sweden may be transferred tothe other state, if the hearing relates to something other than the personalcriminality of the person deprived of liberty, or

2. a person who is deprived of liberty in the other state may betransferred to Sweden.

A request under the first paragraph, item 1, shall indicate the length oftime that the person deprived of liberty needs to stay in the other state.

section 30 The request is considered by the Government. A request froma state that is a Member of the European Union or from Iceland or Norwayis considered by a prosecutor.

A request under Section 29, first paragraph, item 1, may be refused ifa transfer means that the period for the deprivation of liberty is extendedor if the attendance of the person deprived of liberty is needed in acriminal matter that is being dealt with in Sweden.

If a request under Section 29, first paragraph, item 1, is granted, thedecision shall indicate when the person deprived of liberty shall bereturned to Sweden at the latest or, in appropriate cases, be released.

Transfer from or to Sweden at the request of a Swedish prosecutor or courtsection 31 A Swedish prosecutor or court may request that, for thepurpose of a hearing or confrontation in conjunction with a preliminaryinvestigation or trial in Sweden,

1. a person who is deprived of liberty in Sweden be transferred to theother state, or

2. a person who is deprived of liberty in the other state be transferredto Sweden.

Expression of viewssection 32 Before considering a request that a person deprived of libertyshall be transferred to another state, views shall be obtained from theauthority responsible for the enforcement of the detention unless it is

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manifest that this is unnecessary. The same applies before such a requestis made by a Swedish court or prosecutor.

Transport through Swedensection 33 The Minister of Justice may grant permission for transportthrough Sweden for a person deprived of liberty who will be transferredover from one state to another state for hearing or confrontation.

Custody in Sweden of transferred personssection 34 A person who is transferred to Sweden shall be taken intocustody by a police authority.

If permission has been granted in accordance with Section 30, the policeauthority may if necessary, take the person being transferred into custody.

Chapter 5. Other provisions

Conditions regarding limitation on use, etc.section 1 If a Swedish authority has received information or evidencefrom another state in accordance with an international agreement that isbinding on Sweden and which contains conditions that restrict thepossibility to use the information or evidence in connection with theinvestigation of an offence or in legal proceedings by reason of an offence,Swedish authorities shall comply with the conditions notwithstanding whatis otherwise prescribed by statute or other enactment.

section 2 Legal assistance that is provided in accordance with this Actmay be combined with conditions called for having regard to the rights ofthe individual or which are necessary from the public viewpoint.

Conditions referred to in the first paragraph may not be imposed if theyviolate an international agreement that is binding on Sweden.

section 3 The prosecutor or court who provided legal assistance toanother state and in that connection imposed conditions in accordancewith Section 2, may at the request of an authority in the other state grantexceptions to the condition. The same applies as regards conditions thatapply directly by virtue of provisions in an international agreement that isbinding on Sweden.

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section 4 The provisions of Sections 1–3 also apply as regards agreementswith international organizations.

Immunitysection 5 To the extent that it has been agreed under an internationalagreement that is binding on Sweden, a person who upon summons inaccordance with the agreement has entered Sweden in order to be heard orin another way participate in the investigation of an offence may not:

1. be prosecuted or deprived of his or her liberty or in another waysubjected to restrictions to liberty by reason of an act, omission orjudgment that relates to the time prior to the entry into Sweden andwhich, as regards a suspect or accused, is not referred to in the request orsummons, or

2. without personal consent be ordered to participate in anyinvestigation than that referred to in the request.

The first paragraph also applies to administrative or other procedures asreferred to in Chapter 1, Sections 5 and 6.

section 6 If the person referred to in Section 5 stays in Sweden for morethan fifteen days from when notification was obtained from the authoritythat summonsed the person that attendance is no longer required, theimmunity ceases. This also applies if he or she returns to Sweden afterhaving left Sweden.

section 7 If the agreement contains a provision that immunity shall beless extensive than stated in Sections 5 and 6, that provision appliesinstead.

section 8 To the extent that it has been agreed under an internationalagreement that is binding on Sweden, the provisions in Section 5 to 7

concerning immunity apply also to a person deprived of liberty who hasbeen transferred to Sweden in accordance with Chapter 4, Sections 29 or31.

Secrecysection 9 Access to information in matters concerning legal assistance isrestricted according to the Secrecy Act (1980:100).

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Exemption from banking secrecy section 10 A person who is under an obligation to observe secrecyaccording to Chapter 1, Section 10, first paragraph of the Banking BusinessAct (1987:617), Chapter 1, Section 8, first paragraph of the SecuritiesBusiness Act (1991:981) and Chapter 1, Section 5 of the FinancingOperations Act (1992:1610) may nonetheless provide information inmatters concerning legal assistance relating to examination in conjunctionwith preliminary investigations in criminal matters or search of premisesand seizure.

Sharing of confiscated property between statessection 11 The Government may decide that property or its value that isconfiscated by a Swedish order that has entered into final legal force shallcompletely or partially be transferred to another state that during thepreliminary investigation or trial has provided Sweden with such legalassistance as is referred to in this Act or that in another way has providedinformation or support that has been of significance for investigating theoffence.

Section 36 of the Act on International Co-operation in the Enforcementof Criminal Judgments (1972:260) includes provisions on the transfer toanother state of confiscated property.

Reimbursement of costssection 12 The Government shall issue rules that particular costs formeasures that have been executed according to this Act, may be recoveredfrom the requesting state.

Rules on implementation and announcementsection 13 The Government shall issue more detailed rules on theimplementation of this Act and will announce the international agreementsthat are referred to in this Act.

This Act enters into force on 1 October 2000

By this Act, the Act on the use of Certain Coercive Measures on theRequest of a Foreign State (1975:295) and the Act with Certain Provisionson International Co-operation in the Field of Criminal Matters (1991:435)are repealed.

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The Government prescribes the following.

Legal assistance in Sweden

sect ion 1 This Ordinance contains provisions concerning theimplementation of the International Legal Assistance in Criminal MattersAct (2000:562).

Requests by electronic mail section 2 If a request for legal assistance is made by electronic mail, theperson who receives the request shall ask for the request to be forwardedin writing, unless this is unnecessary having regard to the measure that hasbeen requested.

Notificationssection 3 If a request has been sent directly to a prosecutor or court, theforeign authority shall be notified if the request has been transmitted toanother prosecutor or court. The same also applies if the request has beensent through the Ministry of Justice and the prosecutor or court that ishandling the matter has acknowledged the receipt of the request to theforeign authority.

section 4 If the foreign authority has requested that the prosecutor orcourt that is handling the matter should acknowledge the receipt of therequest, the foreign authority shall be notified of

1. the name of the authority and, if it is possible, the officer who isresponsible for execution of the request or any other person at theauthority who may be contacted,

62 The Swedish Rules on International Legal Assistance in Criminal Matters

Appendix No. 2

Ordinance concerning InternationalLegal Assistance in Criminal Matters(2000:704)

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2. address, telephone and telefax numbers and also, when available, e-mail address, and

3. case and reference number.

section 5 When a prosecutor shall hold a hearing in accordance with theprovisions concerning preliminary investigations in criminal matters, orwhen a court shall hold a hearing in accordance with Chapter 4, Sections2, 15 or 16 of the International Legal Assistance in Criminal Matters Act(2000:562), the foreign authority shall be notified of the time and place forthe hearing, if the authority so requests.

Reimbursement of costssection 6 Costs arising by reason of a request for legal assistance shall beborne by the Swedish State, unless otherwise prescribed by Sections 7 and 8.

section 7 Reimbursement of the following costs shall be sought from therequesting State:

1. participation of an expert in Sweden: remuneration that has beenpaid to the expert, though not for experts who provide opinions on bloodexaminations executed when the taking of the evidence was made uponthe request of an authority in Denmark, Finland, Iceland or Norway.

2. transfer of a person deprived of liberty in Sweden: costs for transport,3. hearing by video conference: costs for the servicing of the videolink,

remuneration to interpreters and remuneration that has been paid towitnesses and experts, and

4. secret wire tapping: the authority’s disbursements fortelecommunications operators’ costs incurred in executing secret wiretapping.

section 8 Reimbursement of extraordinary costs may be sought. If duringthe handling of the matter it appears that execution of the request willinvolve extraordinary costs, the prosecutor or court shall in consultationwith the foreign authority determine what costs that authority shall bear.

Reimbursement of extraordinary costs shall not be sought when therequest is made by a State that has acceded to the European Conventionon Mutual Assistance in Criminal Matters of 20 April 1959.

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section 9 The authority that incurs such costs as referred to in Section 7or 8, shall request reimbursement of the cost from the foreign authoritythat requested the measure. The request should be submitted to theMinistry of Justice to be passed on to the foreign authority.

Legal assistance abroad

The requestsection 10 In addition to what is stated in Chapter 3, Section 1, firstparagraph, of the International Legal Assistance in Criminal Matters Act(2000:562), a request by a Swedish prosecutor or court shall containinformation concerning

1. the judge or the prosecutor that is dealing with the case or matter, orsome other person at the authority who may be contacted,

2. address, telephone and telefax numbers and also, when available, e-mail address, and

3. case or reference number.When a request is made under an international agreement that applies

between Sweden and the other State, this should be stated.

section 11 When a Swedish prosecutor or court requests for the transferto Sweden of a person who has been deprived of liberty in another State,the request shall state the length of time that the person deprived ofliberty needs to stay in Sweden.

section 12 The prosecutor or court that requests legal assistance mayrequest that the authority in the other State acknowledges the receipt ofthe request if the matter is urgent or if the prosecutor or court considersthat an acknowledgment is necessary, in the light of the circumstances ofthe case.

Translationsection 13 The court or prosecutor that submits a request for legalassistance directly to a competent authority in the other State shall ensurethat the request is translated into the language or into one of the languagesthat the other State accepts. When a request is sent through the Ministryof Justice, the Ministry shall attend to the translation of the request. An

64 The Swedish Rules on International Legal Assistance in Criminal Matters

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Appendix to this Ordinance specifies the requirements of certain Statesconcerning which language a request shall be translated into.

section 14 If evidence is to be taken in Finland or Iceland, the Swedishcourt may request that records and other documents concerning thetaking of evidence are translated into Swedish, Danish or Norwegian.

Costs for taking of evidence abroadsection 15 A suspect or accused who has requested taking of evidenceabroad, and who shall pay the costs for this, shall within the periodprescribed by the court

1. deposit a sum with the court corresponding to a reasonable estimateof the cost, or

2. submit to the court a written guarantee undertaking by two reliablepersons who are resident in Sweden and who become joint guarantors forthe cost as principal debtors.

section 16 If costs for taking of evidence according to law shall be paidby the suspect or accused and the advance paid in is insufficient, the courtshall when information concerning all costs has been received by the courtimplement those measures required to ensure that the outstandingamount shall be paid to the court.

section 17 The court shall transfer funds received to the Ministry ofJustice or to a competent authority in the other State if the request wasmade directly to that authority.

section 18 If the costs for taking of evidence should be paid out of publicfunds, payment is implemented in the manner prescribed forcompensation from public funds to witnesses.

Agreements concerning limitation on usesection 19 The Prosecutor-General may enter into agreements with aforeign authority entailing limitations on the power to use information orevidence that the foreign authority provides to a Swedish prosecutor.

This Ordinance enters into force on 1 October 2000.

65Appendix No. 2: Ordinance concerning International Legal Assistance

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On 1 October 2000 the Central Authority was transferred from theMinistry for Foreign Affairs to the Ministry of Justice. The CentralAuthority can be contacted at:

Ministry of JusticeDivision for Criminal Cases and International Judicial Cooperation Central AuthoritySE-103 33 Stockholm

Telephone: +46-(0)8-405 10 00 (switchboard)+46-(0)8-405 45 00 (office)

Fax: +46-(0)8-405 46 76

E-mail: [email protected]

The officers at the Central Authority are:

Per Hedvall, Deputy Director (Head of Section) +46-(0)8-405 50 48

Magnus Berggren, Legal Adviser +46-(0)8-405 47 74

Harriet Birkeland, Administrative Officer +46-(0)8-405 50 46

Susanne Dahlberg, Desk Officer +46-(0)8-405 50 64

Eva Hederström, Administrative Officer* +46-(0)8-405 50 57

Inger Högberg, Desk Officer +46-(0)8-405 51 41

Inger Lidström, Administrative Officer* +46-(0)8-405 50 56

E-mail: first name.family [email protected]

* Service of Documents

66 The Swedish Rules on International Legal Assistance in Criminal Matters

Appendix No. 3

The Central Authority

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Solveig Riberdahl (Deputy Prosecutor General/Languages: SV, EN, DE)RiksåklagarenBox 16370

S-103 27 StockholmPhone: +46 8 453 66 15

Fax: +46 8 453 66 99

[email protected]

Astrid Eklund (Chief District Prosecutor/SV, FR, EN) RiksåklagarenBox 16370

S-103 27 StockholmPhone: +46 8 453 66 12

Fax: +46 8 453 66 99

[email protected]

Anders Ikander (District Prosecutor/SV, EN, DE)Åklagarkammaren i HelsingborgBox 632

S-251 06 HelsingborgPhone: +46 42 17 43 64

Fax: +46 42 12 32 55

[email protected]

67Appendix No. 4: The European Judicial Network; contact points in Sweden

Appendix No. 4

The European Judicial Network; contact points in Sweden

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Ronnie Jacobsson (District Prosecutor/SV, EN)Åklagarmyndigheten i Stockholm (9:e kammaren)Box 70296

S-107 22 StockholmPhone: +46 8 762 16 54

Fax: +46 8 762 16 99

[email protected]

Bo Skarinder (Deputy Director/SV, EN, DE)EkobrottsmyndighetenBox 820

S-101 36 StockholmPhone: +46 8 762 00 30

Fax: +46 8 762 00 85

[email protected]

Per Hedvall (Deputy Director/SV, EN)Ministry of JusticeS-103 33 StockholmPhone: + 46 8 405 50 48

Fax: + 46 8 405 46 76

[email protected]

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Alingsås tingsrätt, Box 126, 441 23 Alingsås, Tel.: +46 322-793 00, Fax: +46 322-63 41 08, E-mail: [email protected] tingsrätt, Box 121, 671 23 Arvika, Tel.: +46 570-154 00, Fax: +46 570-164 61,

E-mail: [email protected] tingsrätt, Stadshuset, 961 34 Boden, Tel.: +46 921-177 50, Fax: +46 921-537 01,

E-mail: [email protected]äs tingsrätt, Box 1123, 821 13 Bollnäs, Tel.: +46 278-63 93 00, Fax: +46 278-63 93 20,

E-mail: [email protected]ås tingsrätt, Box 270, 503 10 Borås, Tel.: +46 33-17 70 00, Fax: +46 33-10 30 88,

E-mail: [email protected]ö tingsrätt, Box 230, 575 23 Eksjö, Tel.: +46 381-384 00, Fax: +46 381-139 29,

E-mail: [email protected]öpings tingsrätt, Box 24, 745 21 Enköping, Tel.: +46 171-268 00, Fax: +46 171-268 19,

E-mail: [email protected] tingsrätt, Box 363, 631 05 Eskilstuna, Tel.: +46 16-16 68 00, Fax: +46 16-12 36 20,

E-mail: [email protected]övs tingsrätt, Box 82, 241 22 Eslöv, Tel.: +46 413-683 00, Fax: +46 413-173 29,

E-mail: [email protected]öpings tingsrätt, Box 204, 521 02 Falköping, Tel.: +46 515-862 30, Fax: +46 515-193 80,

E-mail: [email protected] tingsrätt, Box 102, 791 23 Falun, Tel.: +46 23-482 00, Fax: +46 23-482 80, 482 90,

E-mail: [email protected] tingsrätt, Box 1143, 621 22 Visby, Tel.: +46 498-28 14 00, Fax: +46 498-27 97 59,

E-mail: [email protected]ällivare tingsrätt, Box 23, 982 21 Gällivare, Tel.: +46 970-758 00, Fax: +46 970-758 49,

E-mail: [email protected]ävle tingsrätt, Box 1194, 801 36 Gävle, Tel.: +46 26-17 67 00, Fax: +46 26-17 67 50,

E-mail: [email protected]öteborgs tingsrätt, 404 83 Göteborg, Tel.: +46 31-701 10 00, Fax: +46 31-701 13 00,

E-mail: -Hallsbergs tingsrätt, Box 12, 694 21 Hallsberg, Tel.: +46 582-836 50, Fax: +46 582-144 05,

E-mail: [email protected]

69Appendix No. 5: List of Swedish Courts and their Internal Territorial Jurisdiction

Appendix No. 5

List of Swedish Courts and theirInternal Territorial Jurisdiction

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Halmstads tingsrätt, Box 193, 301 05 Halmstad, Tel.: +46 35-15 25 00, Fax: +46 35-10 79 85,

E-mail: [email protected] tingsrätt, Box 27, 136 21 Haninge, Tel.: +46 8-606 67 00, Fax: +46 8-777 14 77,

E-mail: [email protected] tingsrätt, Box 174, 953 24 Haparanda, Tel.: +46 922-281 00, Fax: +46 922-143 22,

E-mail: [email protected] tingsrätt, Box 122, 776 23 Hedemora, Tel.: +46 225-365 00, Fax: +46 225-365 03,

E-mail: [email protected] tingsrätt, Box 712, 251 07 Helsingborg, Tel.: +46 42-19 97 00,

Fax: +46 42-24 12 04, E-mail: [email protected] tingsrätt, 141 84 Huddinge, Tel.: +46 8-608 95 00, Fax: +46 8-711 05 80,

E-mail: [email protected] tingsrätt, Box 1073, 824 12 Hudiksvall, Tel.: +46 650-374 50,

Fax: +46 650-310 94, E-mail: [email protected]ärnösands tingsrätt, Box 114, 871 23 Härnösand, Tel.: +46 611-884 40,

Fax: +46 611-181 63, E-mail: [email protected]ässleholms tingsrätt, Box 135, 281 22 Hässleholm, Tel.: +46 451-487 00,

Fax: +46 451-487 40, E-mail: [email protected]önköpings tingsrätt, Box 2243, 550 02 Jönköping, Tel.: +46 36-15 65 00,

Fax: +46 36-15 67 95, E-mail: [email protected] tingsrätt, Box 613, 391 26 Kalmar, Tel.: +46 480-47 78 00, Fax: +46 480-226 77,

E-mail: [email protected] tingsrätt, Box 94, 374 22 Karlshamn, Tel.: +46 454-30 66 00,

Fax: +46 454-101 67, E-mail: [email protected] tingsrätt, Box 110, 691 22 Karlskoga, Tel.: +46 586-674 00, Fax: +46 586-392 05,

E-mail: [email protected] tingsrätt, Box 319, 371 25 Karlskrona, Tel.: +46 455-33 54 00,

Fax: +46 455-268 58, E-mail: [email protected] tingsrätt, Box 188, 651 05 Karlstad, Tel.: +46 54-14 84 00, Fax: +46 54-18 47 35,

E-mail: [email protected] tingsrätt, Box 42, 641 21 Katrineholm, Tel.: +46 150-34 95 00,

Fax: +46 150-156 01, E-mail: [email protected] tingsrätt, Box 68, 264 21 Klippan, Tel.: +46 435-268 50, Fax: +46 435-268 80,

E-mail: [email protected] tingsrätt, Box 536, 291 25 Kristianstad, Tel.: +46 44-18 36 00,

Fax: +46 44-12 22 53, E-mail: [email protected] tingsrätt, Box 155, 681 23 Kristinehamn, Tel.: +46 550-344 00,

Fax: +46 550-830 86, E-mail: [email protected]öpings tingsrätt, Box 40, 731 21 Köping, Tel.: +46 221-834 00, Fax: +46 221-186 11,

E-mail: [email protected] tingsrätt, Box 255, 261 23 Landskrona, Tel.: +46 418-45 15 00,

Fax: +46 418-152 75, E-mail: [email protected] tingsrätt, Box 54, 793 22 Leksand, Tel.: +46 247-898 00, Fax: +46 247-109 09,

E-mail: [email protected]

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Lidköpings tingsrätt, Box 803, 531 18 Lidköping, Tel.: +46 510-884 00, Fax: +46 510-616 70,

E-mail: [email protected] tingsrätt, Box 107, 711 23 Lindesberg, Tel.: +46 581-882 00,

Fax: +46 581-123 42, E-mail: [email protected]öpings tingsrätt, Box 365, 581 03 Linköping, Tel.: +46 13-24 41 00, Fax: +46 13-12 54 68,

E-mail: [email protected] tingsrätt, Box 34, 341 21 Ljungby, Tel.: +46 372-857 00, Fax: +46 372-126 19,

E-mail: [email protected] tingsrätt, Box 194, 771 24 Ludvika, Tel.: +46 240-101 08, Fax: +46 240-149 95,

E-mail: [email protected]å tingsrätt, Box 849, 971 26 Luleå, Tel.: +46 920-29 55 00, Fax: +46 920-29 55 01,

E-mail: [email protected] tingsrätt, Box 75, 221 00 Lund, Tel.: +46 46-16 04 00, Fax: +46 46-13 39 33,

E-mail: [email protected] tingsrätt, Box 53, 921 22 Lycksele, Tel.: +46 950-237 00, Fax: +46 950-237 35,

E-mail: [email protected]ö tingsrätt, Box 265, 201 22 Malmö, Tel.: +46 40-35 30 00, Fax: +46 40-611 43 10,

E-mail: [email protected] tingsrätt, Box 19, 542 21 Mariestad, Tel.: +46 501-676 00, Fax: +46 501-676 76,

E-mail: [email protected]ölby tingsrätt, Box 339, 595 24 Mjölby, Tel.: +46 142-828 00, Fax: +46 142-173 18,

E-mail: [email protected] tingsrätt, Box 31, 792 21 Mora, Tel.: +46 250-296 40, Fax: +46 250-296 35,

E-mail: [email protected] tingsrätt, Box 274, 591 23 Motala, Tel.: +46 141-21 65 40, Fax: +46 141-21 80 60,

E-mail: [email protected]ölndals tingsrätt, Box 53157, 400 15 Göteborg, Tel.: +46 31-778 29 00,

Fax: +46 31-18 97 72, E-mail: [email protected] tingsrätt, Box 1104, 131 26 Nacka strand, Tel.: +46 8-601 27 00,

Fax: +46 8-601 27 99, E-mail: [email protected]öpings tingsrätt, Box 418, 601 05 Norrköping, Tel.: +46 11-24 35 00,

Fax: +46 11-13 71 34, E-mail: [email protected]älje tingsrätt, Box 5, 761 21 Norrtälje, Tel.: +46 176-768 00, Fax: +46 176-175 44,

E-mail: [email protected]öpings tingsrätt, Box 333, 611 27 Nyköping, Tel.: +46 155-20 04 00,

Fax: +46 155-20 04 45, E-mail: [email protected] tingsrätt, Box 124, 572 23 Oskarshamn, Tel.: +46 491-159 00,

Fax: +46 491-812 06, E-mail: [email protected]å tingsrätt, Box 133, 941 23 Piteå, Tel.: +46 911-773 30, Fax: +46 911-773 67,

E-mail: [email protected] tingsrätt, Box 147, 372 22 Ronneby, Tel.: +46 457-749 00, Fax: +46 457-108 85,

E-mail: [email protected] tingsrätt, Box 163, 733 33 Sala, Tel.: +46 224-160 60, Fax: +46 224-105 30,

E-mail: [email protected]

71Appendix No. 5: List of Swedish Courts and their Internal Territorial Jurisdiction

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Sandvikens tingsrätt, Box 65, 811 21 Sandviken, Tel.: +46 26-27 74 00, Fax: +46 26-25 69 90,

E-mail: [email protected] tingsrätt, Box 123, 272 23 Simrishamn, Tel.: +46 414-105 20, 105 28,

Fax: +46 414-107 00, E-mail: [email protected]å tingsrätt, Box 398, 931 24 Skellefteå, Tel.: +46 910-72 56 50,

Fax: +46 910-77 80 86, E-mail: [email protected]övde tingsrätt, Box 174, 541 24 Skövde, Tel.: +46 500-46 63 00, Fax: +46 500-46 63 39,

E-mail: [email protected]å tingsrätt, Box 175, 881 24 Sollefteå, Tel.: +46 620-818 00, Fax: +46 620-153 50,

E-mail: [email protected] tingsrätt, Box 940, 191 29 Sollentuna, Tel.: +46 8-623 59 00,

Fax: +46 8-623 59 90, E-mail: [email protected] tingsrätt, Box 1356, 171 26 Solna, Tel.: +46 8-705 78 40, Fax: +46 8-83 50 66,

E-mail: [email protected] tingsrätt, Box 127, 444 22 Stenungsund, Tel.: +46 303-662 20,

Fax: +46 303-888 37, E-mail: [email protected] tingsrätt, Box 8307, 104 20 Stockholm, Tel.: +46 8-657 50 00,

Fax: +46 8-657 57 55, E-mail: [email protected]ömstads tingsrätt, Box 68, 452 22 Strömstad, Tel.: +46 526-624 20, Fax: +46 526-138 05,

E-mail: [email protected] tingsrätt, Box 467, 851 06 Sundsvall, Tel.: +46 60-18 66 00, Fax: +46 60-18 67 20,

E-mail: [email protected] tingsrätt, Box 259, 686 25 Sunne, Tel.: +46 565-101 77, Fax: +46 565- 135 98,

E-mail: [email protected] tingsrätt, Box 205, 842 22 Sveg, Tel.: +46 680-101 61, 102 24, Fax: +46 680-126 64,

E-mail: [email protected]ödra Roslags tingsrätt, Box 27328, 102 54 Stockholm, Tel.: +46 8-666 38 00,

Fax: +46 8-663 27 45, E-mail: [email protected]ödertälje tingsrätt, Box 348, 151 24 Södertälje, Tel.: +46 8-553 003 00,

Fax: +46 8-553 003 75, E-mail: [email protected]ölvesborgs tingsrätt, Box 54, 294 21 Sölvesborg, Tel.: +46 456-150 70, Fax: +46 456-137 28,

E-mail: [email protected] tingsrätt, Box 107, 815 23 Tierp, Tel.: +46 293-224 70, Fax: +46 293-127 41,

E-mail: [email protected] tingsrätt, Box 103, 231 22 Trelleborg, Tel.: +46 410-612 00, Fax: +46 410-612 59,

E-mail: [email protected]ättans tingsrätt, Box 66, 461 22 Trollhättan, Tel.: +46 520-47 57 60,

Fax: +46 520-836 57, E-mail: [email protected] tingsrätt, Box 323, 451 18 Uddevalla, Tel.: +46 522-65 71 00, Fax: +46 522-156 87,

E-mail: [email protected]å tingsrätt, Box 138, 901 04 Umeå, Tel.: +46 90-17 21 00, Fax: +46 90-77 18 30,

E-mail: [email protected] tingsrätt, Box 1113, 751 41 Uppsala, Tel.: +46 18-16 72 00, Fax: +46 18-16 72 82,

E-mail: [email protected]

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Varbergs tingsrätt, Box 121, 432 23 Varberg, Tel.: +46 340-62 84 00, Fax: +46 340-67 71 96,

E-mail: [email protected]änersborgs tingsrätt, Box 1070, 462 28 Vänersborg, Tel.: +46 521-27 02 00,

Fax: +46 521-27 03 40, E-mail: [email protected]ärnamo tingsrätt, Box 613, 331 36 Värnamo, Tel.: +46 370-69 44 50, Fax: +46 370-192 63,

E-mail: [email protected]ästerviks tingsrätt, Box 21, 593 21 Västervik, Tel.: +46 490-847 00, Fax: +46 490-357 44,

E-mail: [email protected]ästerås tingsrätt, Box 40, 721 04 Västerås, Tel.: +46 21-17 02 00, Fax: +46 21-12 44 32,

E-mail: [email protected]äxjö tingsrätt, Box 81, 351 03 Växjö, Tel.: +46 470-868 00, Fax: +46 470-868 10,

E-mail: [email protected] tingsrätt, Box 114, 271 23 Ystad, Tel.: +46 411-691 00, Fax: +46 411-55 55 27,

E-mail: [email protected]Ängelholms tingsrätt, Box 1054, 262 21 Ängelholm, Tel.: +46 431-138 20,

Fax: +46 431-134 88, E-mail: [email protected]Örebro tingsrätt, Box 383, 701 47 Örebro, Tel.: +46 19-16 63 00, Fax: +46 19-16 63 35,

E-mail: [email protected]Örnsköldsviks tingsrätt, Box 304, 891 27 Örnsköldsvik, Tel.: +46 660-873 50,

Fax: +46 660-837 25, E-mail: [email protected]Östersunds tingsrätt, Box 708, 831 28 Östersund, Tel.: +46 63-15 06 00,

Fax: +46 63-15 06 88, E-mail: [email protected]

MUNICIPALITIES LINKED TO DISTRICT AND CITY COURTS

73Appendix No. 5: List of Swedish Courts and their Internal Territorial Jurisdiction

Municipality District or Municipality District orCity Court City Court

Arjeplog Piteå Berg SvegsAle Alingsås Bjurholm UmeåAlingsås Alingsås Bjuv HelsingborgsAlvesta Växjö Boden BodensAneby Eksjö Bollebygd BoråsArboga Köpings Bollnäs BollnäsArvidsjaur Piteå Borgholm KalmarArvika Arvika Borlänge FaluAskersund Hallsbergs Borås BoråsAvesta Hedemora Botkyrka HuddingeBengtsfors Vänersborgs Boxholm Mjölby

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74 The Swedish Rules on International Legal Assistance in Criminal Matters

Bromölla Kristianstads Heby SalaBräcke Östersunds Hedemora HedemoraBurlöv Malmö Helsingborg HelsingborgsBåstad Ängelholms Hjo SkövdeDals-Ed Vänersborgs Hofors SandvikensDanderyd Södra Roslags Huddinge HuddingeDegerfors Karlskoga Hudiksvall HudiksvallsDorotea Lycksele Hultsfred OskarshamnsEda Arvika Hylte HalmstadsEkerö Solna Håbo EnköpingsEksjö Eksjö Hällefors LindesbergsEmmaboda Kalmar Härjedalen SvegsEnköping Enköpings Härnösand HärnösandsEskilstuna Eskilstuna Härrljunga AlingsåsEslöv Eslövs Härryda MölndalsEssunga Lidköpings Hässleholm HässleholmsFagersta Sala Höganäs HelsingborgsFalkenberg Varbergs Högsby OskarshamnsFalköping Falköpings Hörby EslövsFalun Falu Höör EslövsFilipstad Kristinehamns Jokkmokk BodensFinspång Norrköpings Järfälla SollentunaFlen Katrineholms Jönköping JönköpingsForshaga Karlstads Kalix HaparandaFärgelanda Vänersborgs Kalmar KalmarGagnef Leksands Karlsborg MariestadsGislaved Värnamo Karlshamn KarlshamnGnesta Nyköpings Karlskoga KarlskogaGnosjö Värnamo Karlskrona KarlskronaGotland Gotlands Karlstad KarlstadsGrums Karlstads Katrineholm KatrineholmsGrästorp Lidköpings Kil KarlstadsGullspång Mariestads Kinda LinköpingsGällivare Gällivare Kiruna GällivareGävle Gävle Klippan KlippansGöteborg Göteborgs Kramfors HärnösandsGötene Lidköpings Kristianstad KristianstadsHabo Jönköpings Kristinehamn KristinehamnsHagfors Sunne Krokom ÖstersundsHallsberg Hallsbergs Kumla HallsbergsHallstahammar Köpings Kungsbacka VarbergsHalmstad Halmstads Kungsör KöpingsHammarö Karlstads Kungälv StenungsundsHaninge Handens Kävlinge LundsHaparanda Haparanda Köping Köpings

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Laholm Halmstads Nybro KalmarLandskrona Landskrona Nykvarn SödertäljeLaxå Hallsbergs Nyköping NyköpingsLekeberg Örebro Nynäshamn HandensLeksand Leksands Nässjö EksjöLerum Alingsås Ockelbo SandvikensLessebo Växjö Olofström SölvesborgsLidingö Södra Roslags Orsa MoraLidköping Lidköpings Orust StenungsundsLilla Edet Trollhättans Osby HässleholmsLindesberg Lindesbergs Oskarshamn OskarshamnsLinköping Linköpings Ovanåker BollnäsLjungby Ljungby Oxelösund NyköpingsLjusdal Ljusdals Pajala HaparandaLjusnarsberg Lindesbergs Partille MölndalsLomma Malmö Perstorp KlippansLudvika Ludvika Piteå PiteåLuleå Luleå Ragunda ÖstersundsLund Lunds Robertsfors UmeåLycksele Lycksele Ronneby RonnebyLysekil Uddevalla Rättvik LeksandsMalmö Malmö Sala SalaMalung Mora Salem HuddingeMalå Skellefteå Sandviken SandvikensMariestad Mariestads Sigtuna SollentunaMark Borås Simrishamn SimrishamnsMarkaryd Ljungby Sjöbo YstadsMellerud Vänersborgs Skara LidköpingsMjölby Mjölby Skelleftå SkellefteåMora Mora Skinnskatteberg KöpingsMotala Motala Skurup YstadsMullsjö Jönköpings Skövde SkövdeMunkedal Uddevalla Smedjebacken LudvikaMunkfors Sunne Solleftå SollefteåMölndal Mölndals Sollentuna SollentunaMönsterås Oskarshamns Solna SolnaMörbylånga Kalmar Sorsele LyckseleNacka Nacka Sotenäs UddevallaNora Lindesbergs Staffanstorp LundsNorberg Sala Stenungsund StenungsundsNordanstig Hudiksvalls Stockholm StockholmsNordmaling Umeå Storfors KristinehamnsNorrköping Norrköpings Storuman LyckseleNorrtälje Norrtälje Strängnäs EskilstunaNorsjö Skellefteå Strömstad Strömstads

75Appendix No. 5: List of Swedish Courts and their Internal Territorial Jurisdiction

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Strömsund Östersunds Vansbro LudvikaSundbyberg Solna Vara LidköpingsSundsvall Sundsvalls Varberg VarbergsSunne Sunne Vaxholm Södra RoslagsSurahammar Köpings Vellinge TrelleborgsSvalöv Landskrona Vetlanda EksjöSvedala Trelleborgs Vilhelmina LyckseleSvenljunga Borås Vimmerby VästerviksSäffle Arvika Vindeln UmeåSäter Hedemora Vingåker KatrineholmsSävsjö Eksjö Vårgårda AlingsåsSöderhamn Bollnäs Vänersborg VänersborgsSöderköping Norrköpings Vännäs UmeåSödertälje Södertälje Värmdö NackaSölvesborg Sölvesborgs Värnamo VärnamoTanum Strömstads Västervik VästerviksTibro Skövde Västerås VästeråsTidaholm Falköpings Växjö VäxjöTierp Tierps Ydre LinköpingsTimrå Sundsvalls Ystad YstadsTingsryd Växjö Åmål VänersborgsTjörn Stenungsunds Ånge SundsvallsTommelilla Simrishamns Åre ÖstersundsTorsby Sunne Årjäng ArvikaTorsås Kalmar Åsele LyckseleTranemo Borås Åstorp ÄngelholmsTranås Eksjö Åtvidaberg LinköpingsTrelleborg Trelleborgs Älmhult LjungbyTrollhättan Trollhättans Älvdalen MoraTrosa Nyköpings Älvkarleby TierpsTyresö Handens Älvsbyn PiteåTäby Södra Roslags Ängelholm ÄngelholmsTöreboda Mariestads Öckerö GöteborgsUddevalla Uddevalla Ödeshög MjölbyUlricehamn Borås Örebro ÖrebroUmeå Umeå Örkelljunga KlippansUpplands-Bro Sollentuna Örnsköldsvik ÖrnsköldsviksUpplands-Väsby Sollentuna Östersund ÖstersundsUppsala Uppsala Österåker Södra RoslagsUppvidinge Växjö Östhammar TierpsVadstena Motala Östra Göinge KristianstadsVaggeryd Värnamo Överkalix HaparandaValdemarsvik Norrköpings Övertorneå HaparandaVallentuna Södra Roslags

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77Appendix No. 6: List of Swedish Prosecution Authorities and their Jurisdiction

The Prosecutor General (Riksåklagaren), (Central Authority for Regional Public ProsecutionAuthorities and the Economic Crimes Bureau), (P)ostal (a)dress: Box 16370,

103 27 STOCKHOLM, (S)treet (a)ddress: Jakobsgatan 6, Tel: +46 8-453 66 00,

Fax: +46 8-453 66 99, E-mail: [email protected]

Regional Public Prosecution Authorities

Stockholm (Åklagarmyndigheten i Stockholm), (Stockholm and the Island of Gotland), Pa: Box 70296, 107 22 STOCKHOLM (Sa: Kungsbron 21), Tel: +46 8-762 10 00,

Fax: +46 8-762 11 00, E-mail: [email protected]

Linköping (Åklagarmyndigheten i Linköping), (Southeast parts of Sweden), Pa: Box 492, 581 06 LINKÖPING (Sa: Hertig Karlsgatan 2), Tel: +46 13-24 11 00,

Fax:+46 13-12 47 14, E-mail: [email protected]

Malmö (Åklagarmyndigheten i Malmö), (Malmö and southern parts of Sweden), Pa: Box 6202, 200 11 MALMÖ (Sa: Östra Promenaden 7 A), Tel: +46 40-664 68 00,

Fax:+46 40-30 17 05, E-mail: [email protected]

Gothenburg (Åklagarmyndigheten i Göteborg), (Gothenburg and southwest parts ofSweden), Pa: Box 2565, 403 17 GÖTEBORG (Sa: Västra Hamngatan 1), Tel: +46 31-739 41 00, Fax:+46 31-701 73 16, E-mail: [email protected]

Västerås (Åklagarmyndigheten i Västerås), (Central parts of Sweden)Pa: Box 261, 721 06 VÄSTERÅS (Sa: Västra Ringvägen 14), Tel: +46 21-15 23 00,

Fax:+46 21-15 22 58, E-mail: [email protected]

Umeå (Åklagarmyndigheten i Umeå), (Northern parts of Sweden), Pa: Box 3003, 903 02 UMEÅ (Sa: Ridvägen 10), Tel: +46 90-15 20 00, Fax:+46 90-15 23 01,

E-mail: [email protected]

Economic Crimes Bureau (Ekobrottsmyndigheten), Pa: Box 820, 101 36 STOCKHOLM (Sa: Kungsgatan 74, 1 tr), Tel: +46 8-762 00 00,

Fax:+46 8-613 40 19, E-mail: [email protected]

Appendix No. 6

List of Swedish Prosecution Authoritiesand their Jurisdiction

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78 The Swedish Rules on International Legal Assistance in Criminal Matters

– Eastern Division (Ekobrottsmyndigheten, Östra avdelningen), Pa: Box 821, 101 36 Stockholm (Sa: Kungsgatan 74), Tel: +46 8-762 00 00,

Fax:+46 8-762 01 01, E-mail: [email protected]

– Western Division (Ekobrottsmyndigheten, Västra avdelningen), Pa: Box 2333, 403 15 Göteborg (Sa: Rosenlundsgatan 4), Tel: +46 31-743 18 00,

Fax:+46 31-743 19 50, E-mail: [email protected]

– Southern Division (Ekobrottsmyndigheten, södra avdelningen), Pa: Box 17063, 200 10 Malmö (Sa: Storgatan 43), Tel: +46 40-665 54 00,

Fax:+46 40-665 54 90, E-mail: [email protected]

The Central Police Board, (Central authority for the police), Pa: Box 12256, 102 26 STOCKHOLM (Sa: Polhemsgatan 30), Tel: +46 8-401 90 00,

Fax:+46 8-652 68 18

MUNICIPALITIES LINKED TO REGIONAL PROSECUTION AUTHORITIES AND ECONOMIC CRIMES BUREAU DIVISIONS

Municipality Regional Economic Crimes Bureau Division ProsecutionAuthority

Arjeplog Umeå –

Ale Göteborg Göteborg (Western Division)

Alingsås Göteborg Göteborg (Western Division)

Alvesta Linköping –

Aneby Linköping –

Arboga Västerås –

Arvidsjaur Umeå –

Arvika Västerås –

Askersund Västerås –

Avesta Västerås –

Bengtsfors Göteborg Göteborg (Western Division)

Berg Umeå –

Bjurholm Umeå –

Bjuv Malmö Malmö (Southern Division)

Boden Umeå –

Bollebygd Göteborg Göteborg (Western Division)

Bollnäs Västerås –

Borgholm Linköping –

Borlänge Västerås –

Borås Göteborg Göteborg (Western Division)

Botkyrka Stockholm Stockholm (Eastern Division)

Boxholm Linköping –

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79Appendix No. 6: List of Swedish Prosecution Authorities and their Jurisdiction

Bromölla Malmö Malmö (Southern Division)

Bräcke Umeå –

Burlöv Malmö Malmö (Southern Division)

Båstad Malmö Malmö (Southern Division)

Dals-Ed Göteborg Göteborg (Western Division)

Danderyd Stockholm Stockholm (Eastern Division)

Degerfors Västerås –

Dorotea Umeå –

Eda Västerås –

Ekerö Stockholm Stockholm (Eastern Division)

Eksjö Linköping –

Emmaboda Linköping –

Enköping Västerås –

Eskilstuna Linköping –

Eslöv Malmö Malmö (Southern Division)

Essunga Göteborg Göteborg (Western Division)

Fagersta Västerås –

Falkenberg Göteborg Göteborg (Western Division)

Falköping Göteborg Göteborg (Western Division)

Falun Västerås –

Filipstad Västerås –

Finspång Linköping –

Flen Linköping –

Forshaga Västerås –

Färgelanda Göteborg Göteborg (Western Division)

Gagnef Västerås –

Gislaved Linköping –

Gnesta Linköping –

Gnosjö Linköping –

Gotland Stockholm Stockholm (Eastern Division)

Grums Västerås –

Grästorp Göteborg Göteborg (Western Division)

Gullspång Göteborg Göteborg (Western Division)

Gällivare Umeå –

Gävle Västerås –

Göteborg Göteborg Göteborg (Western Division)

Götene Göteborg Göteborg (Western Division)

Habo Linköping –

Hagfors Västerås –

Hallsberg Västerås –

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Hallstahammar Västerås –

Halmstad Göteborg Göteborg (Western Division)

Hammarö Västerås –

Haninge Stockholm Stockholm (Eastern Division)

Haparanda Umeå –

Heby Västerås –

Hedemora Västerås –

Helsingborg Malmö Malmö (Southern Division)

Hjo Göteborg Göteborg (Western Division)

Hofors Västerås –

Huddinge Stockholm Stockholm (Eastern Division)

Hudiksvall Västerås –

Hultsfred Linköping –

Hylte Göteborg Göteborg (Western Division)

Håbo Västerås –

Hällefors Västerås –

Härjedalen Umeå –

Härnösand Umeå –

Härrljunga Göteborg Göteborg (Western Division)

Härryda Göteborg Göteborg (Western Division)

Hässleholm Malmö Malmö (Southern Division)

Höganäs Malmö Malmö (Southern Division)

Högsby Linköping –

Hörby Malmö Malmö (Southern Division)

Höör Malmö Malmö (Southern Division)

Jokkmokk Umeå –

Järfälla Stockholm Stockholm (Eastern Division)

Jönköping Linköping –

Kalix Umeå –

Kalmar Linköping –

Karlsborg Göteborg Göteborg (Western Division)

Karlshamn Malmö Malmö (Southern Division)

Karlskoga Västerås –

Karlskrona Malmö Malmö (Southern Division)

Karlstad Västerås –

Katrineholm Linköping –

Kil Västerås –

Kinda Linköping –

Kiruna Umeå –

Klippan Malmö Malmö (Southern Division)

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Kramfors Umeå –

Kristianstad Malmö Malmö (Southern Division)

Kristinehamn Västerås –

Krokom Umeå –

Kumla Västerås –

Kungsbacka Göteborg Göteborg (Western Division)

Kungsör Västerås –

Kungälv Göteborg Göteborg (Western Division)

Kävlinge Malmö Malmö (Southern Division)

Köping Västerås –

Laholm Göteborg Göteborg (Western Division)

Landskrona Malmö Malmö (Southern Division)

Laxå Västerås –

Lekeberg Västerås –

Leksand Västerås –

Lerum Göteborg Göteborg (Western Division)

Lessebo Linköping –

Lidingö Stockholm Stockholm (Eastern Division)

Lidköping Göteborg Göteborg (Western Division)

Lilla Edet Göteborg Göteborg (Western Division)

Lindesberg Västerås –

Linköping Linköping –

Ljungby Linköping –

Ljusdal Västerås –

Ljusnarsberg Västerås –

Lomma Malmö Malmö (Southern Division)

Ludvika Västerås –

Luleå Umeå –

Lund Malmö Malmö (Southern Division)

Lycksele Umeå –

Lysekil Göteborg Göteborg (Western Division)

Malmö Malmö Malmö (Southern Division)

Malung Västerås –

Malå Umeå –

Mariestad Göteborg Göteborg (Western Division)

Mark Göteborg Göteborg (Western Division)

Markaryd Linköping –

Mellerud Göteborg Göteborg (Western Division)

Mjölby Linköping –

Mora Västerås –

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Motala Linköping –

Mullsjö Linköping –

Munkedal Göteborg Göteborg (Western Division)

Munkfors Västerås –

Mölndal Göteborg Göteborg (Western Division)

Mönsterås Linköping –

Mörbylånga Linköping –

Nacka Stockholm Stockholm (Eastern Division)

Nora Västerås –

Norberg Västerås –

Nordanstig Västerås –

Nordmaling Umeå –

Norrköping Linköping –

Norrtälje Stockholm Stockholm (Eastern Division)

Norsjö Umeå –

Nybro Linköping –

Nykvarn Stockholm Stockholm (Eastern Division)

Nyköping Linköping –

Nynäshamn Stockholm Stockholm (Eastern Division)

Nässjö Linköping –

Ockelbo Västerås –

Olofström Malmö Malmö (Southern Division)

Orsa Västerås –

Orust Göteborg Göteborg (Western Division)

Osby Malmö Malmö (Southern Division)

Oskarshamn Linköping –

Ovanåker Västerås –

Oxelösund Linköping –

Pajala Umeå –

Partille Göteborg Göteborg (Western Division)

Perstorp Malmö Malmö (Southern Division)

Piteå Umeå –

Ragunda Umeå –

Robertsfors Umeå –

Ronneby Malmö Malmö (Southern Division)

Rättvik Västerås –

Sala Västerås –

Salem Stockholm Stockholm (Eastern Division)

Sandviken Västerås –

Sigtuna Stockholm Stockholm (Eastern Division)

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83Appendix No. 6: List of Swedish Prosecution Authorities and their Jurisdiction

Simrishamn Malmö Malmö (Southern Division)

Sjöbo Malmö Malmö (Southern Division)

Skara Göteborg Göteborg (Western Division)

Skellefteå Umeå –

Skinnskatteberg Västerås –

Skurup Malmö Malmö (Southern Division)

Skövde Göteborg Göteborg (Western Division)

Smedjebacken Västerås –

Sollefteå Umeå –

Sollentuna Stockholm Stockholm (Eastern Division)

Solna Stockholm Stockholm (Eastern Division)

Sorsele Umeå –

Sotenäs Göteborg Göteborg (Western Division)

Staffanstorp Malmö Malmö (Southern Division)

Stenungsund Göteborg Göteborg (Western Division)

Stockholm Stockholm Stockholm (Eastern Division)

Storfors Västerås –

Storuman Umeå –

Strängnäs Linköping –

Strömstad Göteborg Göteborg (Western Division)

Strömsund Umeå –

Sundbyberg Stockholm Stockholm (Eastern Division)

Sundsvall Umeå –

Sunne Västerås –

Surahammar Västerås –

Svalöf Malmö Malmö (Southern Division)

Svedala Malmö Malmö (Southern Division)

Svenljunga Göteborg Göteborg (Western Division)

Säffle Västerås –

Säter Västerås –

Sävsjö Linköping –

Söderhamn Västerås –

Söderköping Linköping –

Södertälje Stockholm Stockholm (Eastern Division)

Sölvesborg Malmö Malmö (Southern Division)

Tanum Göteborg Göteborg (Western Division)

Tibro Göteborg Göteborg (Western Division)

Tidaholm Göteborg Göteborg (Western Division)

Tierp Västerås –

Timrå Umeå –

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Tingsryd Linköping –

Tjörn Göteborg Göteborg (Western Division)

Tommelilla Malmö Malmö (Southern Division)

Torsby Västerås –

Torsås Linköping –

Tranemo Göteborg Göteborg (Western Division)

Tranås Linköping –

Trelleborg Malmö Malmö (Southern Division)

Trollhättan Göteborg Göteborg (Western Division)

Trosa Linköping –

Tyresö Stockholm Stockholm (Eastern Division)

Täby Stockholm Stockholm (Eastern Division)

Töreboda Göteborg Göteborg (Western Division)

Uddevalla Göteborg Göteborg (Western Division)

Ulricehamn Göteborg Göteborg (Western Division)

Umeå Umeå –

Upplands-Bro Stockholm Stockholm (Eastern Division)

Upplands-Väsby Stockholm Stockholm (Eastern Division)

Uppsala Västerås –

Uppvidinge Linköping –

Vadstena Linköping –

Vaggeryd Linköping –

Valdemarsvik Linköping –

Vallentuna Stockholm Stockholm (Eastern Division)

Vansbro Västerås –

Vara Göteborg Göteborg (Western Division)

Varberg Göteborg Göteborg (Western Division)

Vaxholm Stockholm Stockholm (Eastern Division)

Vellinge Malmö Malmö (Southern Division)

Vetlanda Linköping –

Vilhelmina Umeå –

Vimmerby Linköping –

Vindeln Umeå –

Vingåker Linköping –

Vårgårda Göteborg Göteborg (Western Division)

Vänersborg Göteborg Göteborg (Western Division)

Vännäs Umeå –

Värmdö Stockholm Stockholm (Eastern Division)

Värnamo Linköping –

Västervik Linköping –

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Västerås Västerås –

Växjö Linköping –

Ydre Linköping –

Ystad Malmö Malmö (Southern Division)

Åmål Göteborg Göteborg (Western Division)

Ånge Umeå –

Åre Umeå –

Årjäng Västerås –

Åsele Umeå –

Åstorp Malmö Malmö (Southern Division)

Åtvidaberg Linköping –

Älmhult Linköping –

Älvdalen Västerås –

Älvkarleby Västerås –

Älvsbyn Umeå –

Ängelholm Malmö Malmö (Southern Division)

Öckerö Göteborg Göteborg (Western Division)

Ödeshög Linköping –

Örebro Västerås –

Örkelljunga Malmö Malmö (Southern Division)

Örnsköldsvik Umeå –

Östersund Umeå –

Österåker Stockholm Stockholm (Eastern Division)

Östhammar Västerås –

Östra Göinge Malmö Malmö (Southern Division)

Överkalix Umeå –

Övertorneå Umeå –

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Ministry of JusticeSE-103 33 Stockholm

Sweden