Arrest and detention

Rules on deprivation of liberty and seizure in the course of a criminal investigation.

A criminal investigation, also known as a preliminary investigation, will be initiated if there is reason to believe that a crime under public prosecution has been committed. The investigation seeks to determine who may be suspected of the crime and if there are sufficient grounds to prosecute him or her.

Suspected on reasonable grounds

Suspected on reasonable grounds is the lower level of suspicion. It means that there are specific circumstances that indicate, to some extent, that the person in question has committed the crime.

Suspected on probable cause

Suspected on probable cause is a higher level of suspicion. It means that on an objective assessment of the evidence in the case, the suspicions against the person appear well-founded.

Sufficient grounds for prosecution

In this case, there are objective reasons to expect the person to be convicted by a court. The prosecutor is the one who assesses whether there are sufficient grounds to prosecute the person.

Arrest

If there is reason to detain a person, the police may, in urgent cases, make a decision to arrest him or her. The arrested person must be interviewed as soon as possible. Immediately afterwards, the prosecutor will decide whether the suspect is to be detained. If the suspect is not detained, he or she must be released promptly. Provisions on arrest can be found in Chapter 24, Sections 7–8 of the Swedish Code of Judicial Procedure. 

Detention by order of a prosecutor

A person may be detained by order of a prosecutor while awaiting the detention hearing in the court. A person may also be detained by order of a prosecutor if it is of great importance for the investigation. The prosecutor must submit a request for a detention order to the court no later than 12.00 on the third day after the prosecutor made the decision to detain the person. Provisions on detention by order of a prosecutor can be found in Chapter 24, Sections 6 and 11–13 of the Swedish Code of Judicial Procedure. 

Detention by a court

A suspect may be detained by a court if there is a risk that he or she will evade prosecution (for instance by leaving the country), obstruct the investigation or continue his or her criminal activity. A prerequisite is that the person is suspected of a crime punishable by at least one year’s imprisonment.

The court must issue a detention order if the crime is punishable by at least two years’ imprisonment, but there are certain exceptions to this rule. When the court has issued a detention order, the prosecutor must institute criminal proceedings within 14 days. However, this period may be extended by the court. Provisions on detention by a court can be found in Chapter 24, Sections 1–5 and 18 of the Swedish Code of Judicial Procedure. 

Being deprived of liberty

Being arrested or detained means that the person is locked up and only has limited contact with other people, except for his or her lawyer. If there is a risk that the detained person will obstruct the investigation, the court may decide to restrict his or her contact with the outside world. For instance, this could mean that the person will not be allowed to read newspapers, listen to the radio or watch TV. Provisions on deprivation of liberty can be found in Chapter 24, Section 5 a of the Swedish Code of Judicial Procedure. 

A person who has been arrested or detained by order of a prosecutor is normally placed in police custody in the immediate vicinity of a police station. A person who has been detained by a court is placed in a detention centre under the supervision of the Swedish Prison and Probation Service. If the detained person is not subject to any restrictions, he or she may interact with other detainees. 

Citizen’s arrest

Any member of the public may arrest a person if the crime that the person has committed is punishable by imprisonment and the person is observed in the act of committing the crime or fleeing from it. This is known as a citizen’s arrest. A member of the public may also arrest a person who is wanted by the police for a crime. The arrested person must be turned over to the police as soon as possible. Provisions on citizen’s arrests can be found in Chapter 24, Section 7 of the Swedish Code of Judicial Procedure.

Seizing objects for a criminal investigation

A criminal investigation is led by a police officer or a prosecutor. They decide what should be done in the investigation. For instance, they can decide to seize objects that are important for the investigation. Provisions on seizure can be found in Chapter 27, Section 1 of the Swedish Code of Judicial Procedure.

If the crime is punishable by imprisonment, the premises of the suspect may be searched to look for objects that should be seized. Provisions on searches of premises can be found in Chapter 28, Section 1 of the Swedish Code of Judicial Procedure. 

A seized object must either be returned or handed over to another person who has a superior right to it, such as the lawful owner of the object.

The object may also be forfeited, which means that it will be destroyed or become State property. This concerns, for instance, proceeds of crime and objects that may be used as tools or weapons in criminal activities. Provisions on forfeiture can be found in Chapter 36 of the Swedish Penal Code.

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