Chapter 2. General provisions concerning legal assistance in Sweden.

The procedure

Section 10

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

Section 11

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

Chapter 2. General provisions concerning legal assistance in Sweden.

The request

Section 3

A request for legal assistance in Sweden under this Act may be made by a foreign prosecutor, investigating judge, another judge or court or by some other person empowered to make such a request according to an international agreement that is binding on Sweden.

Section 4

A request for legal assistance in Sweden under this Act should contain :

– information about the foreign court or authority that is executing the matter,
– 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 kinds of measures.

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

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

Section 5

A request for legal assistance and enclosed documents shall be written in Swedish, Danish or Norwegian or be accompanied by a translation into one of these languages, unless the instance responsible for executing the request under this Act so allows in the particular case.

Section 6

A request for legal assistance in Sweden under this Act shall be sent to the Ministry of Justice, which will pass the request on to the Prosecutor-General or to the competent court unless the request shall be considered by the Government. The Ministry of Justice may, following consultation with the Prosecutor-General, pass the matter on directly to a competent prosecutor.

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


Competence and transfer to another prosecutor or district court

Section 7

A request that according to this Act is to be executed by a court shall be executed by the district court within whose area the requested measure shall be taken unless otherwise prescribed by this Act.

A request that according to this Act is to be executed by a prosecutor shall be executed by the prosecutor within whose area the requested measure shall be taken or the prosecutor assigned by the Prosecutor-General.

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

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


Notifications

Section 8

If the foreign authority so requests, the prosecutor or district court 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 in the request and if it can be assumed that this will impair the proceedings in the requesting state, the prosecutor or the district court that is handling the matter shall, promptly, notify the foreign authority of when it will be possible to take the measure requested.


Incomplete requests and impediments to execution

Section 9

If the request does not contain the information necessary for the matter to be executed, the requesting state shall be given an opportunity to supplement the request. If the request can only be granted partially or subject to certain conditions, the requesting state shall be notified about the impediments that exist and be given an opportunity to express its views or to supplement or amend the request.


The procedure

Section 10

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

Section 11

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

Section 12

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


Public defence counsel, counsel for aggrieved person and supporting person

Section 13

A suspect, accused or aggrieved person who shall be heard according to this Act, or who is otherwise adversely affected by a measure requested, has the same right to a public defence counsel, counsel for aggrieved person or supporting person as in the case of a Swedish preliminary investigation or trial.

Chapter 4, Section 3 contains special provisions concerning public defence counsels.


Consideration of requests and decisions on refusals

Section 14

A request for legal assistance shall be refused if execution of the request would violate Sweden’s sovereignty, involve a risk to national security or conflict with Swedish general principles of law or other essential interests.

A request for legal assistance may also be refused if
1. 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 requesting state. The second paragraph, item 1, does not apply to a request from a state 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 Section 14 are made by the Government. If a prosecutor or a court considers that a request should be refused on any such ground, the request shall be transferred to the Government. A request may also be transferred to the Government for determination of a refusal in other cases.

Otherwise, the instance that deals with the matter considers and decides whether the prerequisites and conditions applicable under the Act are satisfied. If the request has been submitted to the Ministry of Justice and it is manifest that the request should be refused, the Minister of Justice may directly decide to refuse the request instead of passing it on in accordance with Section 6.

Section 16

A decision to refuse a request completely or in part shall explain the reasons that determined the outcome.


Reporting back

Section 17

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

Chapter 4. Special provisions concerning different measures of legal assistance

Taking of evidence in courts

Taking of evidence in Swedish courts

Section 2

A request for taking of evidence in a Swedish court that involves holding a hearing, the production of written evidence or the conduct of a viewing is executed by a district court.

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

Section 3

At a taking of evidence a public defence counsel may be appointed in accordance with Chapter 21 of the Code of Judicial Procedure for the suspect or the accused also in other cases than those referred to in Chapter 2, Section 13, if there are special reasons.

Section 4

A judge at the foreign court or representative for the authority that requested the taking of evidence may participate at the taking of evidence and may, with the permission of the court, present questions directly to the person being heard.

Section 5

If the requesting state has presented a request for this, a Swedish prosecutor may participate at the taking of evidence for the purpose of protecting the interests of the requesting state.


Taking of evidence in foreign courts

Section 6

In a case or a matter at a Swedish court, the court may decide that evidence shall be taken in a foreign court. Such taking of evidence may relate to conduct of a viewing, written evidence or hearing of a witness, expert, party, the aggrieved person or the person referred to in Chapter 36, Section 1, second and third paragraphs of the Code of Judicial Procedure.

Section 7

If measures referred to in Chapter 23, Sections 13-15, of the Code of Judicial Procedure shall be taken in a foreign court and the foreign state requires that the request first shall be considered by a court in Sweden, a district court may at the request of a prosecutor decide that such measures shall be taken abroad.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

Article 99
Execution of requests under articles 93 and 96
1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.

Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.