'Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - national procedures for ICC proceedings' in document 'Sweden - Mutual Assistance Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.

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 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.

RELEVANT ROME STATUTE PROVISIONS

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:
(f) The temporary transfer of persons as provided in paragraph 7