Applicability of Swedish Law

Applicability of Swedish Law in Europe

Applicability of Swedish Law

Applicability of Swedish Law in the Swedish Penal Code

The Swedish Criminal Code was adopted in 1962 and entered into force on 1 January 1965. It contains provisions on applicability of swedish law and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Applicability of Swedish Law in Sweden under

Section 4

Under Part One, General Provisions, and Chapter 2, on the Applicability of Swedish Law, the Section 4 reads as follows: A crime is deemed to have been committed where the criminal act was perpetrated and also where the crime was completed or, in the case of an attempt, where the intended crime would have been completed.

Applicability of Swedish Law in Sweden under

Section 3a

Under Part One, General Provisions, and Chapter 2, on the Applicability of Swedish Law, the Section 3a reads as follows: Besides the cases described in Sections 1-3, crimes shall be adjudged according to Swedish law and by a Swedish court in accordance with the provisions of the Act on International Collaboration concerning Proceedings in Criminal Matters (1975:19). (Law 1976:20)

Applicability of Swedish Law in Sweden under

Section 1

Under Part One, General Provisions, and Chapter 2, on the Applicability of Swedish Law, the Section 1 reads as follows: 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)

Applicability of Swedish Law in Sweden under

Section 2

Under Part One, General Provisions, and Chapter 2, on the Applicability of Swedish Law, the Section 2 reads as follows: 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)

Applicability of Swedish Law in Sweden under

Section 3

Under Part One, General Provisions, and Chapter 2, on the Applicability of Swedish Law, the Section 3 reads as follows: 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 an international court, or 7. if the least severe punishment prescribed for the crime in Swedish law is imprisonment for four years or more. (Law 1998:1703)

Applicability of Swedish Law in Sweden under

Section 6

Under Part One, General Provisions, and Chapter 2, on the Applicability of Swedish Law, the Section 6 reads as follows: If a person is sentenced in the Realm for an act for which he has been subjected to a sanction outside the Realm, the sanction shall be determined with due consideration for what he has under gone outside the Realm. If he should be sentenced to a fine or imprisonment and he has been sentenced to a sanction of deprivation of liberty outside the Realm, what he has under gone therewith shall be taken fully into consideration when determining the sanction. In cases referred to in the first, paragraph a less severe punishment than that provided for the act may be imposed or a sanction completely waived. (Law 1972:812)

Applicability of Swedish Law in Sweden under

Section 7a

Under Part One, General Provisions, and Chapter 2, on the Applicability of Swedish Law, the Section 7a reads as follows: If an alien has committed a crime in the exercise of an office or duty comprising a general position held on behalf of another state or international organisation, a prosecution for the crime may only be instituted on order of the Government. The foregoing does not apply if, by means of misleading information, disguise or other means, the perpetrator has attempted to conceal the capacity in which he acted. (Law 1985:518)

Applicability of Swedish Law in Sweden under

Section 7b

Under Part One, General Provisions, and Chapter 2, on the Applicability of Swedish Law, the Section 7b reads as follows: If, on the occasion of a visit to Sweden of a foreign power's military forces within the framework of international co-operation, a crime is committed by personnel of the foreign power belonging to its forces, a prosecution for the crime may only be instituted on order of the Government. (Law 1996:401)

Applicability of Swedish Law in Sweden under

Section 7

Under Part One, General Provisions, and Chapter 2, on the Applicability of Swedish Law, the Section 7 reads as follows: In addition to the provisions of this Chapter on the applicability of Swedish law and the jurisdiction of Swedish courts, limitations resulting from generally recognised fundamental principles of public international law or from special provisions in agreements with foreign powers, shall be observed.

Applicability of Swedish Law in Sweden under

Section 5

Under Part One, General Provisions, and Chapter 2, on the Applicability of Swedish Law, the Section 5 reads as follows: Prosecution for a crime committed within the Realm on a foreign vessel or aircraft by an alien, who was the officer in charge or member of its crew or otherwise travelled in it, against another alien or a foreign interest shall not be instituted without the authority of the Government or a person designated by the Government. Prosecution for a crime committed outside the Realm may be instituted only following the authorisation referred to in the first paragraph. However, prosecution may be instituted without such an order if the crime consists of a false or careless statement before an international court or if the crime was committed: 1. on a Swedish vessel or aircraft or by the officer in charge or some member of its crew in the course of duty, 2. by a member of the armed forces in an area in which a detachment of the armed forces was present, 3. in the course of duty outside the Realm by a person employed by a foreign contingent of the Swedish armed forces, 4. in Denmark, Finland, Iceland or Norway or on a vessel or aircraft in regular commerce between places situated in Sweden or one of the said states, or 5. by a Swedish, Danish, Finnish, Icelandic or Norwegian citizen against a Swedish interest. (Law 1993:350)

Applicability of Swedish Law in Sweden under

Section 8

Under Part One, General Provisions, and Chapter 2, on the Applicability of Swedish Law, the Section 8 reads as follows: Special provisions apply to extradition for crimes. Conditions stipulated in connection with extradition from a foreign state to Sweden shall be complied with in the Realm.

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