Measure Implementation

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

Interception of regular post 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 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 that, in that particular case, should render at least one year of imprisonment if it had been committed in Sweden. Further, the interception must be directed against a receiver from whom it is possible to seize the post. There is also a need to explain why these measures are deemed necessary.

Legal Framework

International legal framework applicable for this measure in your Member State

- Directive 2014/41. - 2000 MLA Convention.

Competent Authority

* receive the request/decision for judicial cooperation

See the Atlas.

Accepted languages

Accepted languages for the request/decision

Swedish, Danish, Norwegian or English.

Execution deadline

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 delay (Periculum in mora).

Concise legal practical information

Special requirements

-Sweden demands dual criminality in MLA cases concerning post control 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 addresses were identified, for how long the measure is needed, and why the measure is necessary -Post control can only be decided for one month at a time but can be renewed.

Last reviewed on 24 August 2022 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.55 Surveillance and tracking of a person (tracking device being installed/put by an executing state)
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