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economic-crime-defence

Questioning as a suspect and as a witness: step by step

Questioning as a suspect and as a witness: step by step follows two different tracks under Swedish law, and the label given at the door decides which one applies. A suspect may stay silent and bring counsel; a witness is expected to answer and can be summoned. Status, timing and paperwork are fixed before the interview starts, not during it.

Who this concerns

This concerns anyone connected to a business under review by Swedish police or the Economic Crime Authority for suspected bookkeeping offences, tax fraud, market abuse, fraud against creditors or breach of trust, and it concerns the company itself even when only one employee has been called in. That review sits within the wider economic crime defence work a company needs once any of its people receive a summons. A managing director, a finance manager, a board member and an external accountant can each be given a different status in the same investigation, and the status attached to one of them does not travel with the others.

Two labels exist. A misstänkt (suspect) is someone the investigating authority already treats as a possible offender, formally or informally, at the point of the interview. A vittne (witness) is someone treated as a source of information about someone else's conduct. The distinction matters commercially because a suspect can refuse to speak at all, while a witness who says nothing exposes both themselves and, indirectly, the employer to further scrutiny. A company reading a summons addressed to one of its people needs to know which label applies before deciding whether to send counsel, brief the individual, or let the interview go ahead unaccompanied.

It also concerns companies planning ahead of an anticipated request, not only those reacting to one already received, because the choices made in the days before an interview, who attends, what gets disclosed, whether a lawyer accompanies the individual, shape how the interview is used afterwards.

What the law says

The status assigned to a person interviewed in a Swedish criminal investigation determines what that person owes the authority and what the authority owes them. A suspect has the right to remain silent, the right to know the substance of the suspicion before answering, and, once the suspicion reaches a certain seriousness, the right to have counsel present from the outset. None of that can be traded away by the authority for convenience, and a suspect cannot be compelled to say anything that incriminates them under Swedish law as it currently stands.

A witness sits on the other side of that line. A witness is expected to give a truthful account and does not have the suspect's entitlement to silence, though the obligation to attend and the consequence of refusing differ depending on whether the request comes from the police during the investigation or from a court once proceedings have started. What a witness says in an interview can later be used against that same witness personally if the authority decides, on the strength of that account, to reclassify them as a suspect.

Nothing in this section fixes a number, a fine, or a time limit. Those figures sit in the rules governing criminal procedure and are amended from time to time, and stating one here without checking the current text against the specific case would be worse than leaving it out.

How it works in practice

How your status is decided

The label is not requested, it is assigned, and it can be assigned informally well before anyone uses the word "suspect" out loud. In practice the authority forms a view based on what it already holds: seized documents, information from a whistleblower, a report from the Financial Supervisory Authority, or an earlier witness account. If a person is not yet formally notified of suspicion but is asked questions that only a suspect would need to answer, that pattern is worth raising with counsel before the next contact rather than after it.

The summons: what it must tell you

A summons for questioning should identify who is calling the interview, where and when it will take place, and, for a suspect, the offence under consideration in terms broad enough to prepare a response but specific enough to be meaningful. A summons that only says "questioning regarding an ongoing investigation" without more is not unusual at an early stage, and that vagueness is not, on its own, a reason to refuse to attend.

Which authority is asking

Economic crime matters in Sweden are typically handled either by the Swedish Economic Crime Authority (Ekobrottsmyndigheten), by ordinary police working with a prosecutor, or, once charges are considered, by the prosecutor directly. Which of these issued the summons affects how formal the interview is and how far it can escalate on the day; a summons signed by a prosecutor generally signals a more advanced stage than an informal request from an investigating officer.

Documents to bring and to request

Bring photo identification and, where the individual attends in a professional capacity, written confirmation of their role and authority to speak for the company on matters that may come up. Ask for, and keep, any written material the authority has already sent: the summons itself, any accompanying letter, and any list of documents already seized or requested. Internal material prepared at the time of the transaction under review, minutes, correspondence, approval chains, carries more weight than material assembled afterwards for the interview.

Who is allowed to sit in the room

A suspect is generally entitled to have defence counsel present once suspicion has reached the relevant threshold; a witness does not have the same automatic entitlement and is more often interviewed alone, though counsel can usually still attend in a supporting role if arranged in advance. A company representative attending as a witness on the company's behalf should confirm beforehand, through counsel, what role they are expected to play, since a witness answering for the company can still be treated as speaking for themselves personally.

What gets recorded, and what does not

Interviews are documented in writing, and the written record, not the interviewee's recollection of the conversation, becomes the reference point later. Read the record before signing it, and raise a correction on the spot rather than afterwards; a correction added days later carries far less weight than one made in the room.

Deadlines, and what happens if you miss one

There is no single deadline that applies to every stage. What matters commercially is that missing a summons, or attending without the documents requested, does not stop the investigation, it removes the interviewee's chance to shape the record before the authority forms its own view from other sources. For a witness, non-appearance can escalate the request from an informal one to a formal one with different consequences attached. For a suspect, non-appearance changes little about the substance of the case but can affect how cooperative the person is later seen to have been.

If your status changes mid-interview

An interview that starts as a witness interview can end with the interviewee being told they are now treated as a suspect, and everything said up to that point remains part of the record. If that happens, the practical response is to stop, ask for the change to be confirmed in the written record, and decide, with counsel if one can be reached, whether to continue that day or ask for a further session.

When the other side, or you, are based outside Sweden

An interview involving a foreign national, a foreign parent company, or documents held abroad changes the mechanics without changing the underlying labels. An interpreter should be arranged in advance rather than improvised on the day, since a poor translation in the record is difficult to correct later. Documents held by a foreign parent or counterparty are not something the Swedish authority can demand directly, without a formal request through the relevant channel, and a foreign lawyer accompanying the interviewee does not automatically have the same standing in the room as Swedish counsel. None of this changes whether the interviewee is a suspect or a witness, but it changes how much preparation the interview needs and how long that preparation takes.

What to check before the interview

  • Which label, suspect or witness, has actually been communicated, in writing if possible
  • What offence or matter is named in the summons, and whether it matches what the company already knows
  • Whether counsel has a right to attend, and whether that right has been exercised
  • Whether the documents requested exist in the form asked for, and where they currently sit
  • Whether anyone else at the company has already been interviewed on the same matter, and what they said

Does an economic crime inquiry affect a company's withholding tax position?

An economic crime interview does not pause separate tax proceedings, and dividend or interest withholding deadlines run on their own timetable regardless of what is being asked in a police interview. Where the same transactions are under review by both the tax authority and the economic crime authority, the deadlines that cannot be missed are addressed on their own terms in withholding tax on dividends and interest.

Can an economic crime investigation raise asset stripping concerns ahead of an insolvency filing?

It can, where the conduct raised in questioning also touches transfers made shortly before a company became insolvent, and the two processes can run in parallel with different authorities looking at different aspects of the same transaction. The deadlines that apply to asset stripping ahead of a bankruptcy filing are set out on their own terms in asset stripping before a bankruptcy filing.

What if the person or funds under investigation are located abroad?

A person or a set of assets outside Sweden does not remove the obligation to attend when properly summoned, though it changes how the authority gathers supporting evidence and how long that takes. Where the concern is locating assets rather than the interview itself, the practical mechanics are addressed in tracing assets when a debtor is abroad.

The numbers

This page does not fix a number of hours, a deadline in days, or a fine amount, because none of those figures comes from a verified current source for this material, and printing one without that check would be less useful than saying plainly what depends on what. The length of an interview is set by the interviewee's fitness to continue and by practical breaks rather than a published cap. Whether a missed summons has a formal consequence, and how quickly, depends on which authority issued it and at what stage the investigation has reached. Where a specific deadline genuinely applies to a person's situation, it appears in the summons itself or in the covering letter from the authority, and that document, not a general guide, is the source to rely on. Under Swedish law as it currently stands, the working assumption should be that every date in a summons is meant literally and every document request is meant in full.

Where it usually goes wrong

The most common mistake is treating a witness interview as informal because no one used the word "suspect". A witness account, once given, is part of the file whether or not the label changes later, and a company that lets an employee attend without preparation because "it's only a witness interview" often finds that same account cited back at the company months afterward.

A second mistake is assuming that a company representative attending as a witness speaks only for the company. In practice, that person's own answers can expose them individually, and the company's interest in a smooth interview is not always the same as the individual's interest in protecting themselves, particularly once employees start being treated as suspects rather than the company itself.

A third mistake is waiving counsel to keep the interview short, on the assumption that cooperation shortens the process. Cooperation can matter later, but it is not the same as going in unprepared, and a suspect who waives counsel cannot generally reopen the interview once something has been said on the record.

A fourth mistake, specific to cross-border matters, is assuming a foreign lawyer already retained abroad can step directly into the Swedish interview room without more. That lawyer's role in the room, if any, needs to be arranged with Swedish counsel in advance, not asserted on the day.

What to do next

This material covers the mechanics of the interview itself: status, summons, documents and the record. It stops at the point where the interview is one part of a larger exposure, for instance where the same facts could also support a corporate fine against the company rather than, or in addition to, an individual case. What a Swedish corporate fine actually depends on, and how the amount is set, is addressed separately in how corporate fines are set.

Where a summons has already arrived, or is expected, the useful next step is a preliminary assessment of the actual document, not a generic checklist: what the wording tells you about the stage the investigation has reached, and what it does not. Book a preliminary assessment before the date on the summons, not after.

Request a preliminary assessment