Chapter 4. Special provisions concerning different measures of legal assistance

Transfer of persons deprived of liberty for hearings, etc.


Transfer from or to Sweden at the request of another state

Section 29

Upon application by another state, for a hearing or confrontation in conjunction with a preliminary investigation or trial there,
1. a person who is deprived of liberty in Sweden may be transferred to the other state, if the hearing relates to something other than the personal criminality of the person deprived of liberty, or
2. a person who is deprived of liberty in the other state may be transferred to Sweden.
A request under the first paragraph, item 1, shall indicate the length of time that the person deprived of liberty needs to stay in the other state.

Section 30

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

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

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


Transfer from or to Sweden at the request of a Swedish prosecutor or court

Section 31

A Swedish prosecutor or court may request that, for the purpose of a hearing or confrontation in conjunction with a preliminary investigation or trial in Sweden,
1. a person who is deprived of liberty in Sweden be transferred to the other state, or
2. a person who is deprived of liberty in the other state be transferred to Sweden.


Expression of views

Section 32

Before considering a request that a person deprived of liberty shall be transferred to another state, views shall be obtained from the authority responsible for the enforcement of the detention unless it is manifest that this is unnecessary. The same applies before such a request is made by a Swedish court or prosecutor.


Transport through Sweden

Section 33

The Minister of Justice may grant permission for transport through Sweden for a person deprived of liberty who will be transferred over from one state to another state for hearing or confrontation.


Custody in Sweden of transferred persons

Section 34

A person who is transferred to Sweden shall be taken into custody by a police authority.

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

Article 102
Use of terms
For the purposes of this Statute:
(a) "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.
(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.