Sweden - Central Authority (Art. 2) and practical information

Central Authority(ies):

Division for Criminal Cases and International Judicial Co-operation,
Ministry of Justice

Contact details:
Address: Division for Criminal Cases and International Judicial Co-operation
Ministry of Justice
S-103 33 Stockholm
Sweden
Telephone: +46 8 405 45 00
Fax: +46 8 405 46 76
E-mail: ju.birs@gov.se
General website: http://www.government.se/government-of-sweden/ministry-of-justice/international-judicial-co-operation/judicial-cooperation-in-civil-and-commercial-matters/
Contact person: Mr Ashraf Ahmed
Languages spoken by staff: English

 

Practical Information
Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Sweden has not adopted any additional blocking statutes in its national legislation. 

Chapter I
(Letters of Requests)
Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):		 Judicial authority competent to execute the request, via the central authority.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Yes, no prior authorisation required (declaration of applicability).
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):		 No declaration of applicability.
Translation requirements
Arts 4(2) and 33):		 Accepts Letters of Request written in, or translated into Swedish, English or French.  Also accepts Letters of Request written in Norwegian and Danish.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):		 No information available.
Time for execution: No information available.
Pre-trial discovery of documents
Art. 23):		 Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence: 

The European E-justice portal

The Swedish Code of Judicial Procedure - Regeringen.se

Act on the taking of evidence for a foreign court of law (1946:816) (in Swedish)

Proclamation with certain provisions on the use of the Act on the taking of evidence for a foreign court of law (1947:848) (in Swedish)

Act on the taking of evidence at a foreign court of law (1946:817) (in Swedish)

Proclamation with certain provisions on the use of the Act on the taking of evidence at a foreign court of law (1947:847) (in Swedish)

The Act on the taking of evidence for certain international bodies (in Swedish)

The Act on the taking of statements under oath fort the protection of rights abroad (in Swedish)

Witness examination under Chapter I
Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? No requirements under Swedish law.
Is it a public or private hearing? The hearing is - in general - public. In certain cases, for reasons of secrecy, the hearings can be held behind closed doors.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? A request under the Evidence Convention shall be complied with unless it is incompatible with Swedish law and the requested procedure is not impossible to apply on account of the procedure for the taking of evidence in a Swedish court or for practical reasons. Under these conditions, a judge may strike out certain questions.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No requirements under Swedish law. In practice both alternatives are applied.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes. Second Request necessary.
Are there sanctions for non-appearance of witness?

A witness who does not appear before the court may receive fined or be compelled to appear.

If a witness without valid excuse, refuses to take an oath, to testify, to answer a question, or to obey certain court orders, the court shall order the witness to perform his/her duty under penalty of fine, and, if the witness continues to refuse, under penalty of detention.
Must interpreters who assist with the witness examination be court-certified? Yes, interpreters must be authorised by the Legal, Financial and Administrative Service Agency (Kammarkollegiet). However, if an authorised interpreter is not available, the court may appoint a person who is deemed to be well suited for the task. Every person appointed to assist as an interpreter shall take an oath to execute the assignment to the best of his or her ability.
How is the testimony transcribed? No information available.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable, prior permission required 
Article 16 Applicable, prior permission required 
Article 17 Applicable, prior permission required 
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I
Are there legal obstacles to the use of video links? No. From a Swedish point of view the taking of evidence must be interpreted to encompass the usage of modern technique, such as video-link.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II
Are there legal obstacles to the use of video links?

No. From a Swedish point of view the taking of evidence must be interpreted to encompass the usage of modern technique, such as video-link.
Technology used: No information available.
Level of interpretation required: No information available. 
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available. 
Who pays for the interpretation? No information available.

Other Information
Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: United Kingdom

Multilateral conventions on judicial co-operation:
Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

1974 Agreement between Sweden, Denmark, Finland, Iceland and Norway concerning mutual legal assistance.
Useful links: Judicial cooperation in civil and commercial matters - Government Offices of Sweden.
Competent authorities (Art. 17)  
Additional authorities (Art. 24)  

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Conventions (incl. Protocols and Principles)