An on-call prosecutor took a decision to conduct a house search without there being a decision to detain the individual sought after

Date of article: 10/04/2021

Daily News of: 15/04/2021

Country:  Sweden

Author: Parliamentary Ombudsmen of Sweden

Article language: en

In a preliminary investigation, an investigator from the Customs office contacted an on-call prosecutor for a decision on a house search, in an apartment, to search for an individual who was suspected of a crime. After an oral presentation, the prosecutor took a decision on a so-called personal house search. However, there was no decision to detain the individual sought after, which was a precondition for a decision to search the house in this case. Also, it later emerged, that the individual, who was sought after, had already been arrested when the prosecutor issued the decision.

The Parliamentary Ombudsman directs criticism towards the prosecutor for taking a decision to conduct a personal search of a house without legal support and for not thoroughly looking into who would be sought after. Moreover, the prosecutor is also criticized for deficiencies in the documentation of the decision.

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