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The Swedish Criminal Code

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The Swedish Criminal Code The Swedish Criminal Code 1 PREFACE The Swedish Criminal Code (brottsbalken, SFS 1962:700) was adopted in 1962 and entered into force on 1 January 1965. It contains provisions on many of the acts that are criminal offences in Sweden. Provisions on other offences are found in specific acts and laws. The Criminal Code also contains general provisions on all offences, criminal sanctions and the applicability of Swedish law. The most recent translation of the Criminal Code into English was published in Ds 1999:36. The present translation was originally completed in December 2019 by Amy Oliver, in cooperation with Judge of Appeal Mari-Ann Roos and Ministry of Justice Senior Adviser Mikaela Bexar. As of 2020, amendments to the Criminal Code will be translated and published (electronically) before the entry into force and as soon as possible after the publication of the amended Swedish legislation. A reference to the act adopting an amendment is found at the end of each amended section. The Government Offices publishes this translation of the Criminal Code as a service to interested parties but takes no legal responsibility for the translation or for any consequences arising from its use; translations of Swedish legislation have no legal effect. 2 PART ONE General provisions Chapter 1 – On offences and criminal sanctions Section 1 1 § An offence is an act described Brott är en gärning som är in this Code or in another act of beskriven i denna balk eller i law or statute for which a penalty annan lag eller författning och stated below is provided. Act för vilken straff som sägs nedan 1994:458. är föreskrivet. Lag (1994:458). Section 2 2 § Unless otherwise specifically En gärning skall, om inte provided, an act is only annat är särskilt föreskrivet, considered an offence when anses som brott endast då den committed intentionally. begås uppsåtligen. If the act was committed in a Har gärningen begåtts under state of self-induced intoxication självförvållat rus eller var or if the perpetrator was gärningsmannen på annat vis temporarily not in possession of genom eget vållande tillfälligt their senses in some other way från sina sinnens bruk, skall detta through their own fault, this inte föranleda att gärningen inte does not result in the act not anses som brott. Lag (1994:458). being considered an offence. Act 1994:458. Section 3 3 § In this Code, ‘criminal sanc- Med påföljd för brott förstås i tions’ means the penalties of fines denna balk straffen böter och 3 and imprisonment as well as fängelse samt villkorlig dom, conditional sentences, probation skyddstillsyn och överlämnande and special care orders. Act till särskild vård. Lag (1988:942). 1988:942. Section 4 4 § The use of penalties is Om användningen av straffen governed by what is prescribed in gäller vad i bestämmelserna om the provisions on specific de särskilda brotten är stadgat offences and what is otherwise samt vad därutöver är särskilt specifically provided. Other föreskrivet. Övriga påföljder får, sanctions may be applied, in enligt vad därom är föreskrivet, accordance with the provisions tillämpas trots att de inte är about them, even if they are not nämnda i bestämmelserna om de mentioned in the provisions särskilda brotten. Lag (1988:942). concerning specific offences. Act 1988:942. Section 5 5 § Imprisonment is considered a Fängelse är att anse som ett more severe penalty than a fine. svårare straff än böter. Chapter 30, Section 1 contains Om förhållandet mellan a provision on imprisonment in fängelse samt villkorlig dom och relation to conditional sentences skyddstillsyn föreskrivs i 30 kap. and probation. Act 1988:942. 1 §. Lag (1988:942). Section 6 6 § No sanction may be imposed För brott som någon begått for an offence that a person innan han fyllt femton år får inte committed before attaining dömas till påföljd. Lag fifteen years of age. Act 1988:942. (1988:942). Section 7 7 § Repealed by Act 1988:942. Har upphävts genom lag (1988:942). Section 8 8 § In addition to a sanction, an Förutom påföljd kan brott, offence may, according to what is enligt vad därom är stadgat, 4 prescribed, result in the confisca- föranleda förverkande av egen- tion of property, a corporate fine dom, företagsbot eller annan sär- or some other special legal con- skild rättsverkan, så ock medföra sequence, as well as an obligation skyldighet att gälda skadestånd. to pay damages. Act 1986:118. Lag (1986:118). 5 Chapter 2 – On the applicability of Swedish law Section 1 1 § An offence committed in this För brott som begåtts här i country is judged under Swedish riket dömes efter svensk lag och law and in a Swedish court. This vid svensk domstol. Detsamma also applies if it is uncertain gäller, om det är ovisst var brott where the offence was förövats men skäl finnes antaga committed but there are grounds att det är begånget inom riket. to assume that it was committed Lag (1972:812). in this country. Act 1972:812. Section 2 2 § /Ceases to apply on 1 May /Upphör att gälla U:2020-05- 2020/ 01/ An offence committed För brott som begåtts utom abroad is judged under Swedish riket döms efter svensk lag och law and in a Swedish court if the vid svensk domstol, om brottet offence was committed: begåtts 1. by a Swedish citizen or an 1. av svensk medborgare eller alien habitually resident in av utlänning med hemvist i Sweden; Sverige, 2. by an alien not habitually 2. av utlänning utan hemvist i resident in Sweden who, after Sverige, som efter brottet blivit the offence, has become a svensk medborgare eller tagit Swedish citizen or become hemvist här i riket eller som är habitually resident in this dansk, finsk, isländsk eller norsk country, or who is a Danish, medborgare och finns här, Finnish, Icelandic or Norwegian citizen and is in Sweden; 3. by any other alien who is in 3. av annan utlänning som this country and the offence can, finns här i riket och på brottet under Swedish law, result in enligt svensk lag kan följa imprisonment for more than six fängelse i mer än sex månader, months; or eller 4. in the exercise of the 4. i utövningen av ett svenskt business activities of a Swedish företags näringsverksamhet och company and the offence is det är fråga om givande av muta, giving of a bribe, gross giving of grovt givande av muta eller 6 a bribe or trading in influence handel med inflytande enligt under Chapter 10, Section 5d, 10 kap. 5 d § 2. point 2. The first paragraph does not Första stycket gäller inte, om apply if the act is not subject to gärningen är fri från ansvar enligt responsibility under the law of lagen på gärningsorten eller om the place where it was den begåtts inom område som committed or if it was inte tillhör någon stat och enligt committed in an area that does svensk lag svårare straff än böter not belong to any state and, inte kan följa på gärningen. under Swedish law, the penalty for the act cannot be more severe than a fine. In cases referred to in this I fall som avses i denna Section, no sanction may be paragraf får inte dömas till imposed that is considered more påföljd som är att anse som severe than the most severe strängare än det svåraste straff penalty provided for the offence som är föreskrivet för brottet under the law in the place where enligt lagen på gärningsorten. it was committed. The restrictions in Swedish De inskränkningar av svensk jurisdiction stated in the second domsrätt som anges i andra och and third paragraphs do not tredje styckena gäller inte för apply to offences referred to in: brott som avses i 1. Chapter 4, Sections 1a and 1. 4 kap. 1 a och 4 c §§ och 16 4c and Chapter 16, Section 10a, kap. 10 a § första stycket 1 och first paragraph, point 1 and fifth femte stycket eller försök till paragraph, or attempting to sådana brott, commit such offences; 2. Chapter 4, Section 4, 2. 4 kap. 4 § andra stycket second paragraph whereby varigenom någon förmåtts att someone was induced to enter ingå ett sådant äktenskap eller en into a marriage or a relationship sådan äktenskapsliknande similar to marriage referred to in förbindelse som avses i 4 c § eller Section 4c, or attempting to försök till sådant brott, eller commit such an offence; or 3. Chapter 6, Sections 1–6, 8, 3. 6 kap. 1–6, 8, 9 och 12 §§ 9 and 12, or attempted offences eller försök till brott enligt 6 kap. under Chapter 6, Sections 1, 2, 1, 2, 4–6, 8, 9 och 12 §§, om 7 4–6, 8, 9 and 12, if the offence brottet begåtts mot en person was committed against a person som inte fyllt arton år. Lag who had not attained eighteen (2019:829). years of age. Act 2019:829. Section 2 2 § /Enters into force on 1 May /Träder i kraft I:2020-05-01/ 2020/ An offence committed För brott som begåtts utom abroad is judged under Swedish riket döms efter svensk lag och law and in a Swedish court if the vid svensk domstol, om brottet offence was committed: begåtts 1. by a Swedish citizen or an 1. av svensk medborgare eller alien habitually resident in av utlänning med hemvist i Sweden; Sverige, 2. by an alien not habitually 2. av utlänning utan hemvist i resident in Sweden who, after Sverige, som efter brottet blivit the offence, has become a svensk medborgare eller tagit Swedish citizen or become hemvist här i riket eller som är habitually resident in this dansk, finsk, isländsk eller norsk country, or who is a Danish, medborgare och finns här, Finnish, Icelandic or Norwegian citizen and is in Sweden; 3.
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