Search and seizure is possible in Sweden by sending a request for Mutual Legal Assistance (MLA) or an European Investigation Order (EIO). Search of premises and seizure of evidence may take place on the same grounds as in a domestic investigation.
A search of premises of persons, other than the one suspected of the crime, may only be carried out if the offence was committed there, the suspect was apprehended there or if extraordinary reasons indicate that the search will reveal an object subject to seizure or other information concerning the offence.
A house search may not take place between 21.00hrs and 6.00hrs if there are no specific reasons to carry out the search during those hours.
An EIO for search and seizure of evidence may be refused on the grounds for non-recognition in Article 11 of the Directive. For example, if the offence investigated is not a crime according to Swedish law unless the offence is a so called “list-crime” or if, according to Swedish law, a certain threshold applies and that threshold is not met.
A MLA for the search and seizure of evidence requires dual criminality. However, this requirement does not apply to requests from other EU member states, Iceland, Norway, Switzerland or Lichtenstein.
The competent authority to decide on the recognition and execution of an EIO or an MLA on search and seizure is the public prosecutor. Large scale house searches or house searches that can be assumed to lead to particular inconvenience may only be recognised or decided by the court.
An MLA request on seizure is handled by the Public Prosecutor. When the seizure is executed, the prosecutor must notify the District Court that decides on the matter.
An EIO or MLA on the seizure of documents or communication protected by privileged or by professional confidentiality may not be executed. It also applies to communication between the suspect and his close relatives, if not the investigation concerns a crime punishable with a prison sentence of at least two years or for certain listed serious crimes.