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: Suedia

Vizită şi percheziţie de domiciliu (601)

1. MEASURE IMPLEMENTATION

Suedia

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

Visits to and search of homes 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. If there is reason to believe that an offence punishable by imprisonment has been committed, houses, rooms, or closed storage spaces may be searched to look for objects subject to seizure or to detect other information of potential importance to the inquiry of the offence. The premises of a person, other than the one reasonably suspected of the offence, may be searched only if the offence was committed there, the suspect was apprehended there or if extraordinary reason indicates that the search will reveal an object subject to seizure or other information concerning the offence. In order to find a person who is to be apprehended, arrested, detained, taken into custody for questioning or appearance in court or subjected to a body search or a body search conducted a search may be conducted at his premises, or at another person's premises if there is extraordinary reason to assume that the person wanted is present there. Places used jointly by persons who can reasonably be expected to be engaged in criminal activity may be searched if: (1) there is reason to believe that an offence punishable by imprisonment of more than one year has been committed, (2) there is special reason to believe that the purpose of the search will be met, and (3) the place in question is not mainly functioning as a dwelling.

2. LEGAL FRAMEWORK

Suedia

International legal framework applicable for this measure in your Member State

In order to obtain a search of premises 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

Requests from other Nordic states can be sent to the local Prosecution Office within which jurisdiction the measure should be taken. Requests from non-Nordic states can be sent to; an International Prosecution Office, the National Anti-Corruption Unit, the National Unit for Environmental Crimes, the Prosecution Office for National Security or the Swedish Economic Crime Authority. Should a request by mistake be sent to a court or a prosecutor that is not competent to deal with the case in question, that court or prosecutor is obliged to forward the request to the competent authority. If the request has been forwarded to another competent authority, the requesting authority will be notified. There are no rules of means of communication; that is, an MLA can be transferred by letter, fax, or e-mail.

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

Requests for search of premises are executed by the responsible prosecutor with the assistance of the Swedish Police Authority (Swedish Customs).

4. ACCEPTED LANGUAGES

Suedia

Accepted languages for the request/decision

The request and enclosed documents shall be written in Swedish, Danish, Norwegian or be translated to one of these languages. However, the responsible Swedish authority may accept that the request is written in another language (in practice that is English).

5. EXECUTION DEADLINE

Suedia

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

The request and enclosed documents shall be written in Swedish, Danish, Norwegian or be translated to one of these languages. However, the responsible Swedish authority may accept that the request is written in another language (in practice that is English).

6. CONCISE LEGAL PRACTICAL INFORMATION

Suedia

a. Special requirements

The general rules on search of premises are found in the Code of Judicial Procedure. These rules apply to requests by foreign states as well. A general condition which must be fulfilled if search of premises is to be allowed under Swedish law is that the reasons for the search or the examination outweigh the consequent intrusion or other detriment to the suspect or to another adverse interest (proportionality test). With regard to search of premises there are certain exceptions from the requirement of double criminality.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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