Swedish Criminal Code

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Swedish Criminal Code Ds 1999:36 3 PREFACE The Swedish Penal Code was adopted in 1962 and entered into force on 1 January 1965. It contains provisions on most of the acts that constitute crimes in Sweden. The provisions on other crimes are to be found in special legislation. It also contains general provisions on all crimes, the sanctions for crimes and the applicability of Swedish law. The first translation of the Penal Code into English dates from 1972. Since then, several further translations have been made – the most recent in 1996 – to take account of legislative amendments. The present translation, made by Norman Bishop, is based on a comprehensive review of earlier translations and takes account of amendments to the Penal Code up to 1 May 1999. References to the laws adopting the amendments are given in parentheses and show the reference number of the law in question. However, laws regulating transitional arrangements or dates of entry into force have not been included. At present only certain parts of the Code are written using gender neutral terminology. Nevertheless, male gender terminology in other parts of the Code is to be understood as including the female gender. The intention is ultimately to extend gender neutral terminology to the entire text. The Ministry of Justice publishes the translation as a service to interested persons but takes no legal responsibility for the translation or for any consequences arising from its use. 4 Ds 1999:36 TABLE OF CONTENTS THE PENAL CODE PART ONE General Provisions ........................................................ 7 Chapter 1 On Crimes and Sanctions for Crime.............................. 7 Chapter 2 On the Applicability of Swedish Law............................. 9 PART TWO On Crimes.................................................................. 14 Chapter 3 On Crimes against Life and Health............................. 14 Chapter 4 On Crimes against Liberty and Peace ......................... 17 Chapter 5 On Defamation............................................................ 22 Chapter 6 On Sexual Crimes........................................................ 24 Chapter 7 On Crimes against the Family..................................... 29 Chapter 8 On Theft, Robbery and Other Crimes of Stealing........ 31 Chapter 9 On Fraud and Other Dishonesty.................................. 35 Chapter 10 On Embezzlement and Other Breaches of Trust........ 40 Chapter 11 On Crimes against Creditors ..................................... 44 Chapter 12 On Crimes Inflicting Damage ................................... 48 Chapter 13 On Crimes Involving Public Danger ......................... 50 Chapter 14 On Crimes of Falsification ........................................ 56 Chapter 15 On Perjury, False Prosecution and Other Untrue Statements.............................................................. 60 Chapter 16 On Crimes against Public Order................................ 66 Chapter 17 On Crimes against Public Activity............................. 76 Chapter 18 On Crimes of Lese-majesty........................................ 82 Chapter 19 On Crimes against the Security of the Realm............ 85 Chapter 20 On Misuse of Office, etc. ........................................... 91 Chapter 21 On Crimes by Members of the Armed Forces............ 95 Chapter 22 On Treason, etc. .......................................................100 Chapter 23 On Attempt, Preparation, Conspiracy and Complicity...............................................................107 Chapter 24 On General Grounds for Exemption from Criminal Responsibility........................................................111 Ds 1999:36 7 PART THREE On Sanctions .........................................................114 Chapter 25 On Fines, etc. ...........................................................114 Chapter 26 On Imprisonment......................................................117 Chapter 27 On Conditional Sentence..........................................126 Chapter 28 On Probation ............................................................129 Chapter 29 On the Determination of Punishment and Exemption from Sanction........................................................135 Chapter 30 On Choice of Sanction..............................................139 Chapter 31 On Committal to Special Care..................................143 Chapter 32 Repealed (Law 1986:645) .........................................146 Chapter 33 On Deduction of Period of Arrest and Remand in Custody .................................................................147 Chapter 34 Certain Provisions on Concurrence of Crimes and Change of Sanction...............................................150 Chapter 35 On Limitations on Sanctions ....................................158 Chapter 36 On Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime......................162 Chapter 37 On Supervision Boards.............................................168 Chapter 38 Certain Procedural Provisions, etc...........................173 6 Ds 1999:36 Ds 1999:36 7 PART ONE GENERAL PROVISIONS Chapter 1 On Crimes and Sanctions for Crime Section 1 A crime is an act defined in this Code or in another law or statutory instrument for which a punishment as stated below is provided. (Law 1994:458) Section 2 Unless otherwise stated, an act shall be regarded as a crime only if it is committed intentionally. If the act has been committed during self-induced intoxication or if the perpetrator has in some other way himself brought about the temporary loss of the use of his senses, this shall not cause the act to be considered non-criminal. (Law 1994:458) Section 3 In this Code a sanction for a crime means the punishments of fines and imprisonment, and conditional sentence, probation and committal for special care. (Law 1988:942) 8 Ds 1999:36 Section 4 The use of punishments is regulated by the provisions on the particular crimes and any further special provisions. Other sanctions may be imposed in accordance with the provisions concerning their use, even if they are not mentioned in the provisions concerning particular crimes. (Law 1988:942) Section 5 Imprisonment is to be considered a more severe punishment than a fine. Provisions on imprisonment in relation to conditional sentence and probation are to be found in Chapter 30, Section 1. (Law 1988:942) Section 6 No sanction shall be imposed upon a person for a crime committed before attaining the age of fifteen. (Law 1988:942) Section 7 Repealed (Law 1988:942) Section 8 Apart from a sanction, a crime may, in accordance with what is provided, result in forfeiture of property, corporate fines or some other special consequence defined by law and may also entail liability for the payment of damages. (Law 1986:118) Ds 1999:36 9 Chapter 2 On the Applicability of Swedish Law Section 1 Crimes committed in this Realm shall be adjudged in accordance with Swedish law and by a Swedish court. The same applies when it is uncertain where the crime was committed but grounds exist for assuming that it was committed within the Realm. (Law 1972:812) Section 2 Crimes committed outside the Realm shall be adjudged according to Swedish law and by a Swedish court where the crime has been committed: 1. by a Swedish citizen or an alien domiciled in Sweden, 2. by an alien not domiciled in Sweden who, after having committed the crime, has become a Swedish citizen or has acquired domicile in the Realm or who is a Danish, Finnish, Icelandic, or Norwegian citizen and is present in the Realm, or 3. by any other alien, who is present in the Realm, and the crime under Swedish Law can result in imprisonment for more than six months. The first, paragraph shall not apply if the act is not subject to criminal responsibility under the law of the place where it was committed or if it was committed within an area not belonging to any state and, under Swedish law, the punishment for the act cannot be more severe than a fine. In cases mentioned in this Section, a sanction may not be imposed which is more severe than the severest punishment provided for the crime under the law in the place where it was committed. (Law 1972:812) 10 Ds 1999:36 Section 3 Even in cases other than those listed in Section 2, crimes committed outside the Realm shall be adjudged according to Swedish law and by a Swedish court: 1. if the crime was committed on board a Swedish vessel or aircraft or was committed in the course of duty by the officer in charge or a member of its crew, 2. if the crime was committed by a member of the armed forces in an area in which a detachment of the armed forces was present, or if it was committed by some other person in such an area and the detachment was present for a purpose other than an exercise, 3. if the crime was committed in the course of duty outside the Realm by a person employed in a foreign contingent of the Swedish armed forces, 4. if the crime committed was a crime against the Swedish nation, a Swedish municipal authority or other assembly, or against a Swedish public institution, 5. if the crime was committed in an area not belonging to any state and was directed against a Swedish citizen, a Swedish association or private institution, or against an alien domiciled in Sweden, 6. if the crime is hijacking, maritime or aircraft sabotage, airport sabotage, an attempt to commit such crimes, a crime against international law, unlawful dealings with chemical weapons, unlawful dealings with mines or false or careless statement before
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