Chapter 4. Special provisions concerning different measures of legal assistance

Seizure and provisional attachment to secure enforcement in Sweden of a foreign confiscation

Section 23

If confiscation that is decided in another state can be enforced in Sweden, and it can reasonably be anticipated that enforcement in Sweden of the foreign confiscation decision would otherwise be made more difficult,
1. property that has been confiscated or that can reasonably be assumed to be confiscated as a result of an offence may be seized, or
2. a decision on provisional attachment may be made for so much of the assets of the person concerned as correspond to the value of that which has been confiscated or reasonably may be assumed to be confiscated.

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 16

A request for seizure in Sweden, or for search of premises in Sweden to search for property that is subject to seizure, is executed by a prosecutor.

Seizures implemented shall be promptly notified to the court for consideration. The court shall, as soon as it can take place, hold a hearing on the matter. The provisions of Chapter 24, Section 17, second paragraph of the Code of Judicial Procedure shall be applied at the hearing.

Section 17

Representatives for the requesting authority may participate at the hearing and may, with the permission of the court, present questions to the person affected by the measure.

Section 18
A request that other measures under Chapter 28 of the Code of Judicial Procedure than referred to in Section 16 shall be taken in Sweden is dealt with by a prosecutor.


Seizure and transfer of seized property to another state

Section 19

Property may be seized and transferred to the requesting state if the property may reasonably be assumed :
– to be of importance for the investigation of the act
– to have been deprived from someone by an offence, or
– to be confiscated by reason of an offence, if the property could have been confiscated under Swedish law in a trial in Sweden and there are special reasons to transfer the property to the requesting state.

Section 20

If the act to which the request relates does not correspond to an offence according to Swedish law, a search of premises in accordance with Section 16 may be made and property seized and transferred to the requesting state, provided that the request has been made by a state that is a Member of the European Union or by Norway or Iceland and that imprisonment may be imposed for the act in the requesting state.

In a case of legal assistance as referred to in Chapter 1, Section 5, first paragraph, item 1, a search of premises may be conducted and property may be seized and transferred to the requesting state if the act corresponds to an offence for which imprisonment of six months or more is laid down by Swedish law or by the law of the requesting state. What has just been said does not apply if the first paragraph is applicable.

Section 21

The court shall consider whether the seizure is lawfully founded and whether the property shall be transferred to the requesting state.

Section 22

Decisions to transfer seized property to another state are executed by the prosecutor.


Seizure and provisional attachment to secure enforcement in Sweden of a foreign confiscation

Section 23

If confiscation that is decided in another state can be enforced in Sweden, and it can reasonably be anticipated that enforcement in Sweden of the foreign confiscation decision would otherwise be made more difficult,
1. property that has been confiscated or that can reasonably be assumed to be confiscated as a result of an offence may be seized, or
2. a decision on provisional attachment may be made for so much of the assets of the person concerned as correspond to the value of that which has been confiscated or reasonably may be assumed to be confiscated.

Section 24

When the court decides on provisional attachment or confirms a seizure executed, the court shall decide how long the measure may continue at most. The time determined may be extended if there is reason to do so.

If there is no longer reason for provisional attachment or seizure, the court shall revoke the measure. Before the provisional attachment or seizure is revoked, the court shall give the requesting state an opportunity to express its views, unless this is manifestly unnecessary. In other matters, the measures shall remain in force until such time as a request for execution is considered.