Fiches Belges

Interception, recording and transcription of the content of telecommunications on behalf of foreign authorities is possible in Sweden by using an EIO (European Investigation Order) or request for MLA (Mutual Legal Assistance) 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 telecommunication 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. The request will be handled by a public prosecutor who then will 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). 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. If the request only concerns interception of traffic data see under A.52

- Directive 2014/41. - 2000 MLA Convention.

See the Atlas.

Swedish, Danish, Norwegian or English.

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

-In MLA cases concerning interception of telecommunication Sweden demands dual criminality. 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 telecommunication addresses 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. -A telecommunication 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 way to transmit intercepted material must be decided on a case-by-case basis. - After surrender of the materials any copies left in Sweden will be destroyed.