Statement of purpose of request and assistance sought


International Legal Assistance in Criminal Matters Act (2000:562)

Chapter 2. General provisions concerning legal assistance in Sweden.

The request

Section 4

A request for legal assistance in Sweden under this Act should contain :

– a description of the legal proceedings pending,

Chapter 4. Special provisions concerning different measures of legal assistance

Provisional attachment, seizure and search of premises and other measures under Chapter 28 of the Code of Judicial Procedure

The request and procedure

Section 14

A request for seizure as referred to in Section 23 should, when appropriate, contain information about when prosecution will be instituted or a judgment can be issued in the requesting state.

Rome Statute

Article 96 Contents of request for other forms of assistance under article 93

2. The request shall, as applicable, contain or be supported by the following:

(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.