When foreign citizens are arrested and convicted
General information regarding procedures for foreign citizens that are arrested and convicted in Sweden.
There are no possibilities within the Swedish justice system, for a foreign citizen, to be transferred home as long as the justice process is ongoing.
Whoever that is considered not guilty in the District Court, Tingsrätten, will be released immediately and is free to leave the country. Once the verdict has taken legal effect, it is possible to apply for damages from the Office of the Chancellor of Justice.
When the District Court passes their verdict, they also decide if the accused should remain detained.
If one is sentenced in the District Court, one has three weeks to appeal the sentence to the Court of Appeal, Hovrätten. Read more. If the Court of Appeal grants a leave to appeal there will be a new hearing held. A hearing, in cases where the accused is held in detention, must be held, at the latest, four weeks after the last date to appeal.
From the day that the Court of Appeal passes their verdict, the convicted has four weeks to appeal. If the verdict is appealed, the Supreme Court, Högsta Domstolen, will decide if there are reason to try the case in the highest instance. The Supreme Court does only grant a leave of appeal in special cases, for example if the verdict can be precedent.
If the final sentence includes prison there will be a sentence computation made. The time spent in detention, is deducted from the time to serve in prison. If one has already served the full time in remand prison one is released and damages for any extra days spent in detention can be applied for. If there is any time left to serve, and the accused is to remain in remand, he or she will be transferred to prison.
In Sweden, you are, as a general rule, released on parole after serving two thirds of the prison sentence if it is longer than one month.
If the one sentenced is free at large, he or she will receive a decision of placement. If the sentenced does not appear at the prison, The Swedish Prison and Probation Service can request a national and international search for the sentenced person through the Police authority.
Sweden has transfer agreements with many countries and can therefor demand an extradition of persons who are sentenced in Sweden but apprehended abroad.
The prison sentence has limitation in sanctions if the sentenced has not begin to serve the sentence within a set time. For example, the limitation period is set to five years if the sentence is one year or shorter, and ten years if the sentence is between one and four years.