Surrender according to a European Arrest Warrant (EAW) may only be granted for acts that constitutes an offence under Swedish law unless it concerns an offence contained in Article 2.2 of the Framework Agreement. If the EAW concerns the surrender for prosecution, a custodial sentence of one year or more shall be prescribed under the legislation of the issuing Member State. If the EAW concerns the surrender for the execution of a custodial sentence, the sentence should be of at least four months imprisonment.
Grounds for refusal consist of, for example, amnesty, ne bis in idem, if the requested person had not attained the age of 15 at the time of the offence or if a surrender would be contrary to European Convention for the Protection of Human Rights and Fundamental Freedoms.
Furthermore, surrender may not be granted if, for example, if sanctions or prosecution is statute-barred under Swedish law and the offence took place wholly or partially in Sweden, or the requested person is a Swedish national. In case the surrender concerns the execution of an in absentia judgement surrender may not be granted unless the procedural guarantees in Article 4a.1 of the Framework Agreement are fulfilled.
If the person is a Swedish citizen, he or she may request that the sentence shall be served in Sweden. If the EAW concerns the execution of a sentence surrender may not be granted and a process of transfer the sentence to Sweden under the Framework Agreement 2008/909/JHA on transfer of sentences will be initiated. If the EAW concerns prosecution the issuing state will be requested to give guarantees according to Article 5.3 of the Framework Agreement on EAW.
The prosecutor decides on the arrest on the basis of a European Arrest Warrant or a SIS-notice. The prosecutor must then, to the district Court, request no later than the third day of arrest at 12.00hrs that the person shall be detained. There is always an oral detention hearing at the District Court.
The prosecutor then investigates the issue of surrender. After the investigation is completed, the prosecutor submits an application for surrender to the district Court and the district Court decides on the question of surrender. The main rule is an oral hearing in the district Court. The district Court will also issue a new decision on detention at the same time.
The district Court must decide on the issue of surrender no later than 30 days from the arrest or, if the wanted person has consented to a surrender, no later than 10 days after the wanted person gave his or her consent.
The decision from the district Court can be appealed to the Court of Appeal and the Supreme Court. In order for the case to be tried in the Court of Appeal and the Supreme Court, a leave to appeal is required. A decision on surrender shall normally be enforced within 10 days from the decision becomes final.