CRIMINAL LAW
The criminal laws are governed by the Penal Code, 1962. However the penal provisions are made available in various other Acts as well. Besides this Swedish Act on international legal assistance in criminal matters (hereafter the International Legal Assistance Act) has been enacted to assist foreign states for the purpose of criminal investigations and criminal proceedings with every measure that is available for Swedish authorities in domestic investigations or proceedings. Where the crime has been committed outside the Realm:
- by a Swedish citizen or an alien domiciled in Sweden,
- 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
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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.
is adjudged according to Swedish law and by a Swedish court
HEADS OF CRIME
The Act prescribes different punishments and penalties for different crimes such as
- Crimes against Life and Health
- On Crimes against Liberty and Peace
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On Defamation
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On Sexual Crimes
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On Crimes against the Family
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On Theft, Robbery and Other Crimes of Stealing
- On Fraud and Other Dishonesty
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On Embezzlement and Other Breaches of Trust
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On Crimes against Creditors
ESSENTIAL INGREDIENTS
The ingredients as per the law the criminal must have made the crime with intention. If the act has been committed during self-induced intoxication or if the perpetrator during the temporary loss of the use of his senses, this shall not cause the act to be considered non-criminal.
SANCTION
A sanction for a crime means the punishments of fines and imprisonment, and conditional sentence, probation and committal for special care.
An act committed by a person in self-defence constitutes a crime only if, having regard to the nature of the aggression, the importance of its object and the circumstances in general, it is clearly unjustifiable.
A right to act in self-defence exists against,
- an initiated or imminent criminal attack on a person or property,
- a person who violently or by the threat of violence or in some other way obstructs the repossession of property when caught in the act,
- a person who has unlawfully forced or is attempting to force entry into a room, house, yard or vessel, or
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a person who refuses to leave a dwelling when ordered to do so.
Imprisonment is imposed for a fixed term or for life. A fixed term of imprisonment may not exceed ten years, nor be shorter than fourteen days. With a sentence to imprisonment combined with probation, the term of imprisonment shall be as there provided. Separate provisions govern the use of imprisonment as a conversion punishment for the non-payment of fines.
CRIMINAL COURTS
Criminal matters are dealt by the General Court and the matters at the first instance referred to the District courts. The Appeal to the order of the District court lies with the Courts of Appeal and ultimately to the Supreme Court. The Crimes are generally regarded as against the state and the state is made a party to the case.
EXTRADITION
Extradition is governed by the extradition treaty entered between two states. Where each Contracting state undertakes to extradite to the other Contracting Party, subject to the provisions of the Treaty, any person found in its territory who is charged by a competent authority with, or has been convicted of, an offence against the law of the other Contracting Party, whether committed within or outside the territory of that Party.
Sweden has entered in to The European Convention On Extradition Of 1957 with the most of the European union Countries and various other countries world wide.
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