Fiches Belges
Measure Implementation
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Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
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Execution Deadline
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Legal info
Special requirements
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Fiches Belges: Suedia

Interceptarea, înregistrarea şi transcrierea telecomunicaţiilor (101)

1. MEASURE IMPLEMENTATION

Suedia

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

Interception, recording and transcription of telecommunications on behalf of foreign authorities is possible in Sweden by using an MLA (Mutual Legal Assistance) instrument on the same grounds as in a domestic investigation. A criminal investigation must be instigated by competent authorities, concerning an identified person under reasonable suspicion of having committed a crime which, in that particular case, should render at least two years of imprisonment if it had been committed in Sweden. The interception 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

Suedia

International legal framework applicable for this measure in your Member State

In order to obtain interception 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:

Suedia

* 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 which 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

Suedia

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

Suedia

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 dealy (Periculum in mora).

6. CONCISE LEGAL PRACTICAL INFORMATION

Suedia

a. Special requirements

Sweden demands dual criminality in MLA cases concerning telephone interception 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 interception is done by the police or agencies in Sweden or abroad. - Swedish law complies the authorities to inform persons after having been subject to interception etc unless there are specific reasons not to.

b. Other useful information

A telephone interception can only be decided for one month at a time but can be renewed, provided there is reason for prolonging. Direct transmittance of the interception is legally possible, otherwise the intercepted material 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 iulie 2016 by Secretariatul RJE

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