Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: L-Izvezja

Intraċċar ta' telekomunikazzjonijiet (102)

1. MEASURE IMPLEMENTATION

L-Izvezja

Is this measure possible in your Member State under International Judicial Cooperation?

Tracing of telecommunications on behalf of foreign authorities is possible in Sweden by using an MLA (Mutual Legal Assistance) instrument on the same grounds as it is in a domestic investigation. A criminal investigation must be instigated by competent authorities, concerning either an identified person under reasonable suspicion of having committed a crime that, in that particular case, should render at least sixth months of imprisonment if it had been committed in Sweden, or, an unknown person suspected of a similar crime; in that case only historical data can be transmitted. Further, the measure must be directed against a telephone number or other contact address that this person will use, or against a third person of whom there is reasonable grounds to suppose that he or she will be contacted by the suspect. There is also a need to explain why these measures are deemed necessary.

2. LEGAL FRAMEWORK

L-Izvezja

International legal framework applicable for this measure in your Member State

In order to obtain tracing of conversation etc an MLA is compulsory. There is no form or official addressee. It is not necessary to refer to a particular legal framework or convention, neither is it necessary to have a domestic court decision from the requesting country.

3. COMPETENT AUTHORITY TO:

L-Izvezja

* receive the request/decision for judicial cooperation

Competent authorities will be one of the three International Public Prosecution Offices-Stockholm, Gothenburg or Malmoe- depending on where the interception will take place. There are no rules of means of communication; that is, an MLA can be transferred by letter, fax, or e-mail. The public prosecutor will then apply for permission at a District Court who makes the actual decisions. However, immediate interim decisions are possible should there be peril in delay (Periculum in mora).

* execute/recognise the measure (if other than the receiving authority)

The police or the customs authority are competent authorities for the execution of the measures. If the requesting country makes the interception by itself, no police involvement is necessary.

4. ACCEPTED LANGUAGES

L-Izvezja

Accepted languages for the request/decision

An MLA should be written in Swedish, Norwegian or Danish or in any other language the receiving authority accepts (in practice that is English). The decision would be made by a Swedish court and be transferred in a Swedish-language protocol.

5. EXECUTION DEADLINE

L-Izvezja

Deadlines for the execution of the request/decision (where applicable)

The execution will be dealt with as soon as possible. Immediate interim decisions are possible should there be peril in delay (Periculum in mora).

6. CONCISE LEGAL PRACTICAL INFORMATION

L-Izvezja

a. Special requirements

Sweden demands dual criminality in MLA cases concerning tracing of telephone conversation etc. The submission should contain a short description of relevant circumstances, including the suspected crime, the identity of the suspect, what punishments could be expected for the crime, why there is reason to suspect the particular person of having committed the crime, how the telephone numbers were identified, for how long the measure is needed, and why the measure is necessary. - The same rules apply whether the actual tracing is done by the police or agencies in Sweden or abroad. - Swedish law complies the authorities to inform persons having been subject to interception etc unless there are specific reasons not to.

b. Other useful information

Tracing of telephone calls can only be decided for one month at a time but can be renewed, provided there is reason for prolonging. It is also possible to receive historical data, providing the telephone companies have stored data; there is at present a 6-months limit. Direct transmittance of the material is legally possible, otherwise it will be transmitted in digital form by e-mail, DVD-recording or USB-sticks.- After surrender of the materials the copies or tapes left in Sweden will be destroyed.

Last reviewed on 6 Lulju 2016 by EJN Secretariat

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