Questions and answers about extradition from Sweden
Who takes decisions on extradition from Sweden?
The Government takes decisions on extradition from Sweden.
What is the process for extradition from Sweden?
A request for extradition from Sweden is submitted to the Ministry of Justice. Before the Government takes a decision on the matter, an opinion must be sought from the Office of the Prosecutor-General. If the person whose extradition has been requested does not consent to extradition, the Office of the Prosecutor-General hands the matter and its opinion to the Supreme Court, which examines whether there are any impediments to extradition under the Extradition Act. The Supreme Court then hands the matter to the Government for a final decision on extradition. If the Supreme Court finds that there is an impediment to extradition, the Government may not approve the extradition request.
What are the impediments to extradition from Sweden?
Under the Extradition Act, a Swedish citizen may not be extradited (to a state outside the Nordic region or the EU). Extradition is not permitted if the act is not punishable in Sweden (the act must be punishable under Swedish law by imprisonment for one year or more). Other impediments to extradition under the Extradition Act include the risk of persecution or, under certain circumstances, the act being considered a military or political offence.
Can a person who is surrendered to Sweden be extradited to a third country?
If the person has been surrendered from another EU country to Sweden under a European arrest warrant, Sweden must obtain the consent of that country to be able to extradite the person to a country outside the EU.