Extradition for Criminal Offences

The Government of Sweden

Extradition involves cooperation, mainly between states, to facilitate both legal procedures and the enforcement of sentences.

The question of extradition arises when a state requests that a person who is suspected of an offence, is under prosecution or has been convicted, and who is outside the territory of that state, be extradited to it. Traditionally, Sweden has not made extradition conditional on the existence of an agreement with the other state involved. Some states, , will not allow extradition without the existence of a formal agreement.

Within the EU the procedure for extradition has in general been replaced by surrender according to the European Arrest Warrant (EAW), which allows for faster and simpler surrender procedures and an end to political involvement in extradition procedures. EU countries can no longer refuse to surrender their own citizens to another EU country, if the citizen has committed a serious crime or is suspected of having committed such a crime in another EU country. Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period.

Conditions for extradition to a state outside the EU

The Extradition for Criminal Offences Act prohibits the extradition of Swedish nationals.

Extradition is permitted, provided that the act for which extradition is requested is equivalent to a crime that is punishable under Swedish law by imprisonment for at least one year. If sentence has been passed in the state applying for extradition, the penalty must be imprisonment for at least four months or other institutional detention for an equivalent period. Thus, extradition requires an offence punishable under the law of both countries ("dual criminality") that, in principle, is of a certain degree of seriousness.

Extradition may not be granted for military or political offences. Nor may extradition be granted if there is reason to fear that the person whose extradition is requested runs a risk − on account of his or her ethnic origins, membership of a particular social group or religious or political beliefs − of being subjected to persecution threatening his or her life or freedom, or is serious in some other respect.

Adapted from www.government.se