Sweden

Cooperation with the ICC Act N.2002.329

ENFORCEMENT OF PENALTY AND FORFEITURE

SECTION 23
The Government may at the request of the International Criminal Court decide that a sentence of imprisonment imposed by the Court may be enforced in Sweden. The Government may issue the instructions necessary in the individual case for enforcement of the penalty here.

SECTION 24
A sentence of fines imposed by the International Criminal Court or a decision by the Court for the forfeiture of property or of the value of certain property may on the application by the Court be enforced in Sweden. The application shall be transferred to the Swedish Tax Agency for action. If the enforcement relates to forfeiture of the value of particular property, the Swedish Tax Agency decides on the forfeited value in Swedish kronor.
The decision of the Swedish Tax Agency may be appealed against to a general administrative court. A decision by the Swedish Tax Agency and the general administrative court shall apply immediately unless otherwise decided. Leave to appeal is required for an appeal to the Administrative Court of Appeal. (SFS 2003:740)

SECTION 25
Section 25 of the Act on International Co-operation in the Enforcement of Criminal Judgments (1972:260) applies to enforcement in accordance with Sections 23 and 24, unless otherwise provided by this Act.
Enforcement may no longer take place if the International Criminal Court has granted the person sentenced a pardon or revision of the penalty and if the reduced penalty has been fully enforced or the Court has made any other ruling whereby the sanction imposed may no longer be enforced. If an issue arises concerning an impediment to enforcement owing to a limitation period, after an application has been granted in accordance with Section 23 or Section 24, such issue shall be considered in accordance with the rules applicable to the International Criminal Court.
Issues concerning conditional release should be considered by the Government after the International Criminal Court has been given an opportunity to state its views. The Government may in such a case decide that conditional release shall take place at a latter date than prescribed by the Penal Code.
Decisions on transformation of fines into an alternative penalty may not be made.

SECTION 26
The rules on immunity contained in Section 23 of the Act on International Co-operation in the Enforcement of Criminal Judgments (1972:260) apply in connection with enforcement in accordance with Section 23.

SECTION 27
In connection with enforcement in accordance with Section 23, representatives of the International Criminal Court, or those appointed by the Court to investigate the treatment of the person serving a penalty that has been imposed by the Court, are entitled to visit the place where the person is an inmate. All parties responsible for a person who is serving such a penalty shall provide those conducting the investigation with the assistance needed by them in order to be able to perform their assignment.

SECTION 28
When the enforcement of fines or forfeiture has been carried out in accordance with Section 24, the Swedish Tax Agency shall deliver the proceeds received upon enforcement to the International Criminal Court.

Keywords

Enforcement of sentences imposed



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