Attempt, Preparation, Conspiracy and Complicity

Attempt, Preparation, Conspiracy and Complicity in Europe

Attempt, Preparation, Conspiracy and Complicity in Sweden

Attempt, Preparation, Conspiracy and Complicity 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 attempt, preparation, conspiracy and complicity and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Attempt, Preparation, Conspiracy and Complicity in Sweden under

Section 1

Under Part Two, on Crimes, and Chapter 23, on Attempt, Preparation, Conspiracy and Complicity, the Section 1 reads as follows: A person who has begun to commit a crime without bringing it to completion, shall, in cases where specific provisions exist for the purpose, be sentenced for attempt to commit crime if there was a danger that the act would lead to the completion of the crime or such danger had been precluded only because of fortuitous circumstances. Punishment for attempt shall be at most what is applicable to a completed crime and not less than imprisonment if the least punishment for the completed crime is imprisonment for two years or more.

Attempt, Preparation, Conspiracy and Complicity in Sweden under

Section 6

Under Part Two, on Crimes, and Chapter 23, on Attempt, Preparation, Conspiracy and Complicity, the Section 6 reads as follows: A person who omits to report in time or otherwise to reveal a crime that is in process of being committed when this could have been done without danger to himself or to anyone in a close relationship to him, shall, in those cases where this has been covered by special provisions, be sentenced for failure to reveal the crime as is provided for a person who has been an accomplice to the crime to a minor extent only; however, in no case may a more severe punishment than imprisonment for two years be imposed. In cases subject to special provisions, the punishment for failure to reveal a crime in accordance with the present provision shall also be imposed on a person who did not realise that a crime was being committed but should have done so. If parents, other persons bringing up a child, or guardians, in cases other than those described in the first paragraph, fail to prevent a person in their care or under their control from committing a crime when this could have been done without danger to themselves or to anyone in a close relationship to them and without reporting to some authority, punishment shall be imposed in accordance with the provisions of the first paragraph. Failure to reveal or prevent a crime is not punishable unless the act in process of being committed has progressed so far that punishment can follow.

Attempt, Preparation, Conspiracy and Complicity in Sweden under

Section 5

Under Part Two, on Crimes, and Chapter 23, on Attempt, Preparation, Conspiracy and Complicity, the Section 5 reads as follows: If someone has been induced to be an accomplice to crime by coercion, deceit or misuse of his youth, innocence or dependent status or has been an accomplice only to a minor extent, the punishment imposed may be less than that otherwise provided for the crime. Punishment shall not be imposed in petty cases. This also applies where the issue is one of imposing a punishment provided for a person in a special position on an accomplice.

Attempt, Preparation, Conspiracy and Complicity in Sweden under

Section 4

Under Part Two, on Crimes, and Chapter 23, on Attempt, Preparation, Conspiracy and Complicity, the Section 4 reads as follows: Punishment as provided for an act in this Code shall be imposed not only on the person who committed the act but also on anyone who furthered it by advice or deed. The same shall also apply to any other act punishable with imprisonment under another Law or statutory instrument. A person who is not regarded as the perpetrator shall, if he induced another to commit the act, be sentenced for instigation of the crime and otherwise for aiding the crime. Each accomplice shall be judged according to the intent or the negligence attributable to him. Punishments defined in law for the act of a manager, debtor or other person in a special position shall also be imposed on anyone who was an accomplice to the act of such person. The provisions of this paragraph do not apply if the law provides otherwise in special cases. (Law 1994:458)

Attempt, Preparation, Conspiracy and Complicity in Sweden under

Section 7

Under Part Two, on Crimes, and Chapter 23, on Attempt, Preparation, Conspiracy and Complicity, the Section 7 reads as follows: Punishments provided in this Code for cases where someone procures a gain or appropriates something personally by crime shall be likewise imposed when someone intentionally procures a gain for or appropriates something for another person.

Attempt, Preparation, Conspiracy and Complicity in Sweden under

Section 3

Under Part Two, on Crimes, and Chapter 23, on Attempt, Preparation, Conspiracy and Complicity, the Section 3 reads as follows: Responsibility for attempting, preparing or conspiring to commit a crime shall not exist if a person voluntarily, by breaking off the execution of the crime or otherwise, has prevented its completion. Even if the crime was completed, a person who has unlawfully had to do with means to that end may not be held criminally responsible for that reason if he has voluntarily prevented the criminal use of the means.

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