Section 1
A person present in Sweden, who is in a foreign state suspected, accused or sentenced for an act that is punishable there may, in accordance with the provisions of this Act, be extradited to that state following a decision by the Government.
This Act does not apply if the Act (1959:254) on Extradition for Criminal Offences to Denmark, Finland, Iceland and Norway or the Act (2003:1156) on surrender from Sweden according to the European arrest warrant is applicable in relation to the other state. (SFS 2003:1158)
Conditions for extradition
Section 2
A Swedish national may not be extradited under this Act. (SFS 2003:1158)
Section 3
Repealed by Act 2003:1158.
Section 3 a
Repealed by Act 2003:1158.
Section 3 b
Repealed by Act 2003:1158.
Section 3 c
Repealed by Act 2003:1158.
Section 4
Extradition may be granted only if the act for which it is requested corresponds to an offence for which imprisonment for one year or more is prescribed by Swedish law. If the person has been sentenced for the act in the requesting state, he may be extradited only if the sentence is deprivation of liberty for at least four months or other institutional custody for a corresponding period.
If extradition to another state is to take place for an act referred to in the first paragraph, extradition to that state may also be simultaneously granted for another act corresponding to an offence according to Swedish law.
If the person has been sentenced to a joint sanction in the requesting state for an act referred to in the first paragraph, and for another act corresponding to an offence according to Swedish law, extradition for the acts may be granted, provided the joint sanction is deprivation of liberty for at least four months or other institutional custody for a corresponding period. (SFS 2003:1158)
Section 5
Extradition may not be granted for acts mentioned in the provisions of Chapter 16 of the Penal Code relating to offences committed by members of armed forces or of Chapter 21 of the Penal Code or of the Total Defence Service Act (1994:1809).
In derogation of the foregoing, if the act also constitutes an offence which is otherwise extraditable, the person may be extradited for that offence. (SFS 1994:2066)
Section 6
Extradition may not be granted for a political offence.
If the act also constitutes a non-political offence, extradition may be granted for that offence, provided, in the particular case, the act is predominantly of a non-political nature.
The first paragraph does not apply where rejection on this ground would be contrary to an international agreement applying between Sweden and the requesting state. (SFS 2003:1158)
Section 7
A person may not be extradited if, on account of his origin, belonging to a particular social group, his religious or political views, or otherwise on account of political circumstances, he would run the risk of being subjected in the foreign state to persecution which is directed against his life or liberty or is otherwise of a harsh nature, or if he does not enjoy protection against being sent to a state in which he would run such a risk.
Section 8
Extradition may not be granted where in a particular case, in view of the youth, state of health or any other personal circumstances of the person concerned, due account also being taken of the nature of the act and the interests of the foreign state, it is considered to be manifestly incompatible with basic standards of humane treatment.
Section 9
If the person for whom extradition is requested has been sentenced for the act in the foreign state, his extradition may not be granted unless the judgment is substantiated by the supporting documentation and does not give rise to a serious objection in other respects.
If no judgment concerning the act has been pronounced in the foreign state, the request for extradition shall be based on a detention decision issued by a competent authority in that state. In the case of an act for which extradition is possible according to Section 4, second paragraph, the request may, however, be based on other documentation. The request may not be granted unless there is probable cause for believing that the person has committed the act.
By agreement with a foreign state it may be decided that, in relation to that state, a conviction or such detention decision as issued by a court of law or a judge shall be accepted unless in a particular case the final judgment or detention decision is manifestly wrong. It may be stipulated in such an agreement that a judgment rendered without the sentenced person being personally present at the court hearing of the matter shall be accepted only if the persons right of defence can nevertheless be deemed to have been adequately provided for, or if he is entitled, according to an assurance given by the foreign state in the extradition case, to demand a retrial which safeguards that right. (SFS 1979:98)
Section 10
If judgment in respect of the alleged offence has been rendered in Sweden regarding the person for whom extradition is requested, or if a decision has been made for waiver of prosecution in accordance with Chapter 20, Section 7 of the Swedish Code of Judicial Procedure or corresponding provision in another enactment, extradition may not be granted for that offence.
Extradition may further not be granted if a penalty for the offence would be time-barred according to Swedish law.
If the question of liability for the offence has been adjudicated by a judgment having legal force pronounced in a state other than the state requesting extradition, and if the offence was committed in the former state or if that state has acceded to the European Convention on Extradition of 13 December 1957 or an agreement as referred to in Chapter 2, Section 5 a, fourth paragraph of the Penal Code or has concluded a special agreement with Sweden on extradition for criminal offences, the person for whom extradition is requested may not be extradited for that offence,
1. if he or she has been acquitted,
2. if he or she has been found guilty of the offence but no sanction has been imposed,
3. if the sentence passed has been served in its entirety or is still being served, or
4. if the sanction imposed has lapsed according to the law of the state where the judgment was entered.
The third paragraph shall not apply to offences committed in the state requesting extradition or against that state or against an assembly or a public institution in that state, nor to an offence referred to in Chapter 2, Section 3, item 6 or 7 of the Penal Code, unless proceedings for the purpose of conducting a criminal prosecution have taken place at the request of the state which requested extradition or after the person for whom extradition has been requested has been extradited from that state for the purpose of criminal prosecution. (SFS 2003:1158)
Section 11
A person who is being prosecuted in Sweden for another offence, for which imprisonment is prescribed, or who has been sentenced to imprisonment or some other form of institutional custody, may not be extradited so long as that impediment prevails. The same shall apply if a preliminary investigation has been instituted with reference to an offence as aforesaid.
Notwithstanding the provisions of the first paragraph, a person may be extradited to stand trial for the act for which the foreign state has requested extradition, subject to the condition that he shall subsequently be surrendered to a Swedish authority in accordance with that which the Government decides. (SFS 1975:292)
Section 12
When extradition is granted the following conditions, when applicable, shall be prescribed:
1. Except with special consent in accordance with Section 24, the person extradited may not be prosecuted or punished in the foreign state for any other offence committed prior to his extradition or, except in cases referred to in Section 13, second paragraph, be extradited to another state, unless he has failed, although unimpeded from so doing, to leave the country within forty-five days after the trial and after serving the sentence or other penalty imposed on him for the offence with respect to which he was extradited, or has returned to the said country after having left it.
2. A person extradited may not be prosecuted for the offence in a court which has only been given ad hoc or emergency powers to try such cases. The government, however, may grant exemptions from this provision where it is considered compatible with legal security to do so.
3. A person who is extradited may not have the death penalty imposed for the offence.
In cases referred to in Section 5 or Section 6, it shall be specially stated that the person extradited may not be punished under a provision concerning offences committed by members of armed forces or for a political offence.
The Government shall otherwise prescribe such conditions as are considered necessary. (SFS 1975:292)
Section 12 a
Where provided by an international agreement which is binding on Sweden, the person extradited may, in addition to that provided by Section 12, first paragraph, item 1, be prosecuted or punished for another offence which he or she committed before being extradited, provided he or she has consented thereto. (SFS 2003:1158)
Section 13
If two or more states request extradition of the same person, a decision on the state to which the person is to be extradited shall be made following due consideration of the nature of the offence or offences, the time and place of commission, the chronological order of the requests, the nationality and residence of the person concerned and any other relevant circumstances.
Where the requests relate to different offences, it may be stipulated that the person to be extradited to one state shall subsequently be extradited to another state, subject to conditions to be determined in accordance with Section 12.
