Measure Implementation

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

Room surveillance 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. In the case of secret audio recordings, 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 four years of imprisonment if it had been committed in Sweden. Further, the measure must be directed against a place (home, car, hotel room, restaurant etc) where there are particular reasons to suppose that this person will stay. 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 decision. The police or the customs authority are competent authorities for the execution of the measures, but they need a special permit from the court in order to secretly entering and installing technical equipment. In the case of secret video recordings, 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 two years of imprisonment if it had been committed in Sweden. Further, the measure must be directed against a place where there are reasonable grounds to suppose that this person will stay. 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 decision. 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.

Legal Framework

International legal framework applicable for this measure in your Member State

- Directive 2014/41. - 2000 MLA Convention. - 1959 CoE 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 regarding secret video recordings should there be peril in delay (Periculum in mora).

Concise legal practical information

Special requirements

-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. - Swedish law complies the authorities to inform persons after having been subject to interception etc unless there are specific reasons not to. -Room surveillance can only be decided for one month at a time but can be renewed, provided there is reason for prolonging.

Last reviewed on 22 August 2022 by EJN Secretariat

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