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Preliminary Investigation Protocol (FUP) – Requesting Access, Confidentiality, and Redaction
Court processCriminal proceedings & defencePart 9 of 914 min read

Preliminary Investigation Protocol (FUP) – Requesting Access, Confidentiality, and Redaction

Contents

This guide is informational. Always verify how the rules apply to your specific case.

Brief Answer: A preliminary investigation report, often referred to as a FUP, is the organized documentation of a criminal investigation that is relevant to the prosecution decision and a potential trial. During an ongoing investigation, preliminary investigation confidentiality often applies. When charges are filed, the material submitted to the court is generally available for public request, but confidentiality may still apply to certain information and attachments. A reasonably suspected individual's party access follows different rules than the public's right under the Freedom of the Press Act (TF) and may provide access to material that an outsider cannot see.

Request a FUP from the authority that holds the document: the Police Authority or the Public Prosecutor's Office during the investigation, and often the district court when charges have been filed. Provide the case number or the court's case number, specify the document you want, and the desired format. If the authority refuses in whole or in part, request a written, appealable authority decision with legal grounds and appeal instructions.

This guide is about the document, access, and reading. For the different stages of the preliminary investigation, read Preliminary Investigation – Process, Time Consumption, and Discontinuation. For rights during interrogation, read Suspected of Crime – Rights from Police Interrogation to Detention.

What is a Preliminary Investigation Report?

A preliminary investigation is documented according to Chapter 23, Section 21 of the Code of Judicial Procedure (RB). The report should provide an accurate depiction of matters relevant to the investigation. When the investigation leads to prosecution, the report is used by the prosecutor, the accused, and the defense to prepare for the proceedings.

The term FUP is sometimes used for a single PDF, but legally and practically, the material can consist of several volumes and separate attachments:

  • main report with table of contents and summaries,
  • interviews with suspects, plaintiffs, and witnesses,
  • photographs, maps, and site investigations,
  • seizure reports and seizure lists,
  • technical, forensic, or IT forensic statements,
  • telephone, message, account, or position analyses,
  • memoranda and other investigation documents, and
  • separate supplementary reports or confidential attachments.

The Preliminary Investigation Ordinance (FUK) contains detailed rules on how the report should be conducted and what information should be recorded. The documentation should, among other things, make it possible to follow the actions taken and the findings made.

A FUP is not automatically everything that existed in the investigation

The completed report is a selection and structuring of the investigation material. Material deemed irrelevant may be in so-called side material and not included in the main report. This does not mean that the material can be arbitrarily concealed. The principle of objectivity requires that circumstances favorable to the suspect are also sought, utilized, and considered.

For a suspect and defense, it is therefore important to distinguish between:

Material What it is Why it matters
Preliminary Investigation Report The organized material included in the report. It is the central document for the prosecution decision and trial.
Side Material Material that appeared in the investigation but was not included in the report. May contain information needed to verify the selection or an alternative explanation.
Working Material Drafts, notes, or purely internal material that is not always a public document. Not automatically covered by either a FUP release or public access to documents.

What should be discernible from a FUP?

A well-structured FUP makes it possible to follow the central questions of the investigation: which crime has been investigated, who the suspicion concerns, what evidence has been collected, and how the information is interconnected. FUK imposes requirements on the reporting, but the material's design varies with the case.

Common parts include:

  1. Cover and Table of Contents. Case number, crime classification, suspects, and pagination.
  2. Report and Incident Details. The initial description serves as an entry point to the investigation, not a proven sequence of events.
  3. Interrogations. Check if the text is a verbatim transcript, dialogue interrogation, or the interrogator's summary.
  4. Technical Evidence. Read both the conclusion and the method, selection, uncertainty, and attachments.
  5. Seizure and Traceability. Follow when an item was seized, how it was marked, and who handled it.
  6. Photographs and Digital Material. Check date, source, metadata, cropping, and if material is missing before or after an excerpt.
  7. Personal Information and Notification. May contain sensitive information often redacted for outsiders.

The indictment is a separate court document. It contains the prosecutor's final description of the act and evidence. Read it together with the preliminary investigation protocol (FUP) to see exactly which parts of the material the prosecutor relies on.

When Does a FUP Become Public?

The usual short answer is "when charges are filed," but legally, two separate questions are needed:

  1. Is the document public? This is determined according to Chapter 2 of the Freedom of the Press Act (TF), among other things, by whether the document is held by the authority and is received or prepared.
  2. Are the details public? Even a public document can be wholly or partially covered by confidentiality according to the Public Access to Information and Secrecy Act (OSL).

Documents in an ongoing preliminary investigation can thus be public but still not be disclosed because the information is confidential. When charges are filed and the FUP is submitted to the court, the submitted material becomes a public document there. Then the preliminary investigation secrecy often ceases for that material, but not invariably and not necessarily for material never submitted to the court.

Situation Practical Access for the Public Important Reservation
Ongoing Investigation, No Charges Filed Often strongly limited. Disclosure can harm planned interrogations, surveillance, evidence collection, or future crime prevention.
Preliminary Investigation Closed A new confidentiality assessment must be made; the investigation secrecy may have weakened or ceased. Integrity secrecy and protection for future measures may still apply.
Charges Filed and FUP Submitted The FUP is normally available to order from the court. The court still assesses confidentiality detail by detail and may provide a redacted version.
Closed-Door Hearing Access depends on the court's confidentiality assessment. That material has been mentioned in court does not automatically make it public if the hearing was closed.

Public access is therefore not a single moment that unlocks the entire police file. Each authority assesses the documents it holds, and different attachments can yield different results.

Preliminary Investigation Secrecy According to OSL Chapter 18

Chapter 18, Section 1 of OSL protects the work of crime prevention. Confidentiality applies to information related to, among other things, preliminary investigations in criminal cases if it can be assumed that the purpose of decided or anticipated measures would be counteracted or that future operations would be harmed if the information is disclosed.

Examples of protected interests include:

  • suspects or witnesses should not be able to adjust their stories,
  • evidence should not be removed or influenced,
  • surveillance methods and planned measures should not be revealed, and
  • other related investigations should not be harmed.

Chapter 18 of OSL primarily protects the investigation and crime prevention. Individuals in the material are also often protected by confidentiality according to Chapter 35 of OSL or other provisions, for example, for information about health, sexual offenses, children, protected personal data, or other very personal circumstances. Therefore, names, addresses, photographs, and sensitive sections can still be redacted even when the risk to the investigation itself has disappeared.

Confidentiality Must Be Assessed Detail by Detail

The authority should not automatically refuse to disclose an entire FUP just because certain parts are secret. If public parts can be disclosed without revealing the protected information, the authority should normally provide a copy where the confidential parts have been redacted.

A correct assessment distinguishes between:

  • whether the document is public,
  • which specific confidentiality provision applies,
  • what risk of harm or protective interest justifies the confidentiality, and
  • whether the rest can be disclosed with redaction.

Party Access Is Not the Same as Public Right

This is the most important practical difference. A request from a suspect or defense attorney should not be routinely treated as if it came from any outsider.

Party Access for Suspects Public Access to Official Documents
Legal Basis Primarily Chapter 23, Sections 18–21 of the Code of Judicial Procedure, FUK, and supplementary rules on party access. Chapter 2 of the Freedom of the Press Act and the Public Access to Information and Secrecy Act.
Who? The suspect and the defense attorney in their own criminal investigation. Anyone, even anonymously and without Swedish citizenship.
During an Ongoing Investigation Continuous access after notification of reasonable suspicion, to the extent it can occur without detriment to the investigation. Information can be kept confidential under, among other things, Chapter 18 of the Public Access to Information and Secrecy Act.
When the Investigation is Complete Final notification with the opportunity to review, provide comments, and request supplementation before a prosecution decision. No specific final notification; each request is assessed according to the Freedom of the Press Act and the Public Access to Information and Secrecy Act.
Is Purpose Required? The role in the process must be clarified. No, the authority is generally not allowed to investigate identity or purpose beyond what the confidentiality assessment requires.

Party access is not unlimited at every stage. Before final notification, the interest of the investigation may limit what is disclosed. Confidentiality can also, in specific situations, affect the forms of access. However, the authority must make the correct assessment based on your role.

If you are a suspect, you should therefore write: “I request access to the material within the framework of my party access according to Chapter 23 of the Code of Judicial Procedure.” If you also wish to invoke the principle of public access, you can state it as an alternative basis.

How to Request or Order a Preliminary Investigation Protocol (FUP)

1. Choose the Right Authority

  • Police Authority: if the investigation is there and charges have not yet been filed.
  • Prosecutor's Office: if a prosecutor is leading the case or holds the material.
  • District Court: when charges have been filed and the FUP has been submitted as a document in the criminal case.

An authority only needs to release documents it holds. If you have contacted the wrong authority, you can ask where the document is likely to be, but send the request directly to the authority that has the file.

2. Identify the Material

The best search basis is one of the following:

  • the police's K-number or other case number,
  • the Prosecutor's Office's AM-number,
  • the district court's case number, usually B followed by a number and year,
  • name of the accused in combination with the court and approximate date of prosecution, or
  • date, place, and type of crime if the number is missing.

The authority must be able to identify the document with reasonable measures. An overly broad request, such as “all FUPs on fraud,” may need to be narrowed down.

3. Specify Scope and Format

Explicitly request the main protocol, supplementary protocols, and known attachments. If you only write “the judgment,” you will not automatically receive the FUP. Indicate if you want a digital copy, paper copy, or only to read the material on-site.

Template: Request from the Public

Subject: Request for Public Document – Preliminary Investigation Protocol

To [Police Authority/Prosecutor's Office/District Court],

I request, pursuant to Chapter 2 of the Freedom of the Press Act, access to
the preliminary investigation protocol in [case number or file number], including
the table of contents, supplementary protocols, and attachments submitted in the case.

I wish to receive the documents in the existing digital format via email. Please inform me
before the order is executed if a fee will be charged.

If any information is not disclosed, I request that the remaining parts be released in redacted form.
I also request a written, appealable decision from the authority for each full or partial denial, with
the legal grounds and appeal instructions provided.

Template: Suspect or Defense Attorney

To the investigating officer in case [case number],

I am [suspect/defense attorney] in the case and request access to what has
occurred during the preliminary investigation within the framework of party access
according to Chapter 23 of the Code of Judicial Procedure. The request includes protocols,
attachments, and material not included in the preliminary investigation protocol.

I request a material list and digital access in the existing format.
If access is restricted, specify which material the decision concerns, the legal basis,
and how the matter can be reviewed.

Fee, Digital File, and Paper Copy

It is free to access a public document on-site, provided that the document can be released. You also have the right to obtain a transcript or copy for a set fee according to Chapter 2 of the Freedom of the Press Act.

For state authorities, the fee schedule of the Fees Ordinance generally applies for paper copies: the first nine pages are free, the tenth page incurs a fee of 50 kronor, and each additional page costs 2 kronor. Special rules, postage costs, and the authority's decision can affect the total amount. Municipalities and regions may have their own legal fees.

You do not have a general constitutional right to have the document sent as a PDF via email. Many authorities still provide digital copies as a service and may charge according to their rules. A large FUP can be delivered via secure file transfer, storage media, or in multiple files.

The procedures of the authorities differ. The Police Authority states that only certain documents are provided electronically. The Public Prosecutor's Office indicates that documents containing sensitive personal data or information about legal violations are not provided to private individuals via regular email; a paper copy can then be ordered. Therefore, inquire about the secure or physical delivery method offered in your specific case.

Form Legal/practical situation Good to ask
Read on-site Free of charge according to TF, if the document can be provided without confidentiality barriers. Do you need to book a time and are you allowed to photograph pages?
Paper copy Right to a copy for a fixed fee, with certain exceptions. Number of pages, fee, and postage.
Digital copy Common service but not a general right according to TF to receive specifically in email format. File format, delivery method, any fee, and if the file is searchable.

Why are names and sections redacted?

Redaction means that confidential information is concealed while the rest of the document is disclosed. The authority should be able to specify the legal provision supporting the confidentiality. The same FUP can therefore be provided in different versions to a defender and an outsider.

Common types of redaction include:

  • information that could harm an ongoing or future investigative measure,
  • contact details, personal identification numbers, and protected personal data,
  • information about children, health, sexuality, or other personal circumstances,
  • the identity of informants or other individuals with special protection needs,
  • images or information about crime victims, and
  • methods, codes, or information related to other law enforcement activities.

A black box should not be regarded as an explanation in itself. In the event of a partial denial, you can request a formal decision specifying the applicable paragraph. The authority may need to describe the reasons at a level that does not simultaneously reveal the confidential information.

How to obtain an appealable denial decision

An initial response may be given by an official. If the document is not disclosed in whole or in part, you should be informed according to Chapter 6, Section 3 of the OSL about the possibility to request the authority's review. It is the authority's formal decision that can normally be appealed.

  1. Request an authority decision. Write that you want a written and appealable decision.
  2. Check the scope. The decision should clarify which documents or information are not disclosed.
  3. Check the legal basis. Ask for the specific paragraph in the OSL and why it is applicable.
  4. Read the appeal instructions. It states where the appeal should be sent and within what time frame.
  5. Submit via the decision-making authority. The appeal is normally submitted to the authority that made the decision, which then forwards it to the competent court.

A state or municipal authority's denial of a request according to TF is normally appealed to the Administrative Court of Appeal according to Chapter 6, Sections 7–8 of the OSL. Court decisions on disclosure follow partly different instance rules. Therefore, always follow the instructions in the decision you received.

A short template for appeal

To [the authority that made the decision]

Appeal of decision [date and case number]

I appeal the decision to not disclose [identify the document] in whole/partially.
I primarily request that the document be disclosed in its entirety and secondarily
that all parts not covered by confidentiality be disclosed in a redacted copy.

Reasons:
- The decision does not concretely show how disclosure would cause the harm required
  according to the cited provision.
- The confidentiality assessment appears to cover the entire document without a sufficiently
  individualized assessment of the information.
- The investigation status has changed due to [indictment/closure/other circumstance],
  which should be considered in a current harm assessment.

I request that the appeal be forwarded to the competent court if the authority
does not change the decision in the manner I have requested.
/pre>

Adapt the arguments to the decision. The conclusion of a preliminary investigation does not automatically mean that all confidentiality has ceased, but the authority must assess the current risk and also consider if parts can be disclosed.

For a more general overview, see Requesting Public Documents – Step by Step.

How to methodically read an FUP

An FUP presents allegations and investigative measures. It does not establish guilt. It is the court that, after an adversarial process, determines whether the prosecutor has proven the charges beyond a reasonable doubt.

1. Start with the index and pagination

Check the number of pages and volumes. Note gaps, references to annexes that do not exist, and if an additional protocol is mentioned. A pagination gap does not prove that something has been withheld; pages may have been removed, replaced, or confidentiality assessed. However, the gap is a reasonable question to raise.

2. Read the description of the offense alongside the evidence

If charges have been brought, break down the description of the act into the circumstances the prosecutor must prove: action, time, place, intent or negligence, and any qualifying elements. Then specify the evidence claimed to support each part.

3. Build a Neutral Timeline

For each task, note the source and how certain the timing is. Distinguish between system time, a person's estimate, and the investigator's conclusion.

Time Event Source Uncertainty
[time/interval] [what is alleged to have happened] [interview, log, photo, analysis] [exact, estimated, contradicted]

4. Distinguish Primary Source from Summary

An interview summary is not always a verbatim transcript. A screenshot is not the same as a complete digital export. An analysis memo may be based on a larger raw material. Therefore, check:

  • who made the observation,
  • when the information was documented,
  • whether originals, audio files, or raw data exist,
  • whether questions and context are clear, and
  • whether alternative interpretations have been considered.

5. Compare Interviews Without Just Looking for Contradictions

Differences may be due to memory, questioning technique, summary, or the person having received new information. Note what the witness personally experienced, what was recounted by others, and what is a conclusion. Also compare if key information was added after the person may have been exposed to others' versions.

6. Review Technical Evidence Throughout the Entire Chain

Ask which object or account was examined, how it was secured, which method was used, which time zone applies, and what limitations the statement indicates. A technical match can support contact or presence without alone showing who committed an act or with what intent.

7. Also Look for Absence of Support

The absence of evidence is not always evidence of the contrary. But if an alleged event would normally leave a certain trace, the absence can be relevant. Carefully formulate what the check actually shows and what alternative explanations exist.

8. Mark Confidentiality and Side Material Separately

Create a list of redacted sections, missing attachments, and material explicitly mentioned but not included. If you are a party, request to know how the material is handled within party access. If you are an outsider, you can request a formal confidentiality decision.

Checklist When Ordering and Reviewing FUP

  • Do you have the correct authority and the correct case or file number?
  • Are you requesting FUP, supplementary protocols, and attachments—not just the judgment?
  • Have you stated whether the request is based on party access or on Chapter 2 of the Freedom of the Press Act (TF)?
  • Have you requested a material inventory if you are a party?
  • Have you asked for a cost estimate and desired format?
  • Has the authority assessed whether public parts can be released in redacted form?
  • Have you requested the authority's written decision in case of a full or partial denial?
  • Are the legal basis, decision date, and appeal process clear?
  • Do the table of contents, page numbers, volumes, and attachment references match?
  • Do you distinguish between verbatim information, summaries, and the investigator's conclusions?
  • Have you read technical limitations and not just the conclusion?
  • Have you compared the FUP with the indictment's description of the act and evidence statement?

Frequently Asked Questions About FUP

Can Anyone Request a Preliminary Investigation Protocol?

Yes, anyone can request a public document without normally needing to provide identity or purpose. However, the authority only releases the information that is public after a confidentiality assessment.

Is the Entire FUP Public as Soon as Charges Are Brought?

No, not automatically. The FUP submitted to the court is normally a public document and much often becomes public, but certain information and attachments may still be subject to confidentiality. Material not submitted to the court must be requested from the authority that holds it.

Can I Obtain the FUP Before Charges?

As an outsider, you can request it, but preliminary investigation confidentiality often means access is severely limited. As reasonably suspected, you have a special ongoing right to party access, with the possibility of limitation if access would harm the investigation. At final notification, access is more extensive.

At final disclosure, the right under Chapter 23, Section 18 a of the Swedish Code of Judicial Procedure covers what has occurred in the preliminary investigation. The right continues after prosecution until the charge has been finally adjudicated or the matter has otherwise been finally determined, subject to the limitations in Chapter 10, Sections 3 and 3 a of the Public Access to Information and Secrecy Act.

Once prosecution has been decided, the suspect and defence counsel are entitled under Chapter 23, Section 21 a of the Swedish Code of Judicial Procedure to request a paper copy of the preliminary investigation protocol or corresponding notes. They may also request an inventory and copies of side material. Copies of side material need not be provided if there is a risk that confidential information will be disclosed without authorisation or if the volume or nature of the material prevents it.

Is FUP the Same as the Judgment?

No. FUP is investigative material. The indictment specifies the charges, and the judgment presents the court's assessment. Order the documents separately.

Why Are Some Images or Attachments Missing?

They may be in a separate volume, submitted in another format, constitute side material, or be subject to confidentiality. Ask for a content or file attachment list and request a formal decision if the authority refuses to release an identified document.

Do I Have the Right to Obtain FUP as a Searchable PDF?

Not generally according to TF. You can request the existing digital format, but the authority is not normally required to create a new processed or OCR-interpreted version solely for your request.

Can the Authority Ask Who I Am?

In a regular TF request, the authority is normally not allowed to investigate identity or purpose more than necessary to assess whether confidentiality applies. If you invoke party access, however, the authority must be able to verify your role and authority.

Can the Authority Charge for an Emailed FUP?

It may occur, but the rules differ between authorities and methods of delivery. Request the legal basis, fee, and cost estimate in advance. The right to read the document on-site free of charge is different from having a copy produced and sent.

What should I do if I only receive an email with the word "confidentiality"?

Respond by requesting the authority's written, appealable decision according to Chapter 6, Section 3 of the OSL, specifying which documents or parts are denied, applicable legal provisions, and appeal instructions.

Official Sources and Further Reading

Last reviewed against public statutes and authority sources: July 29, 2026. The guide is general information and does not replace the assessment of a defense attorney in an individual case. Confidentiality is determined based on the information, the current status of the case, and the authority holding the document.

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