Fiches Belges

Tracing of telecommunications on behalf of foreign authorities is possible in Sweden by using an EIO or a request for MLA (Mutual Legal Assistance) 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 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.

- 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. -Tracing of telecommunications 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 service providers have stored data. The data retention time limits vary (2, 6 or 10 months) depending on the type of data (location, transition etc), see A 53. 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 any copies left in Sweden will be destroyed.