Crimes Against Liberty and Peace

Crimes Against Liberty and Peace in Europe

Crimes against Liberty and Peace in Sweden

Crimes against Liberty and Peace 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 crimes against liberty and peace and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Crimes against Liberty and Peace in Sweden under

Section 4a

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 4a reads as follows: A person who commits criminal acts as defined in Chapters 3, 4 or 6 against another person having, or have had, a close relationship to the perpetrator shall, if the acts form a part of an element in a repeated violation of that person's integrity and suited to severely damage that person's self-confidence, be sentenced for gross violation of integrity to imprisonment for at least six months and at most six years. If the acts described in the first paragraph were committed by a man against a woman to whom he is, or has been, married or with whom he is, or has been cohabiting under circumstances comparable to marriage, he shall be sentenced for gross violation of a woman's integrity to the same punishment. (Law 1998:393)

Crimes against Liberty and Peace in Sweden under

Section 9b

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 9b reads as follows: A person who employs technical means with the intention of committing a breach of telecommunication secrecy in the manner stated in Section 8 or to commit a crime as defined in Section 9a, shall be sentenced for preparation of such a crime to a fine or imprisonment for at most two years if he is not responsible for a completed crime. (Law 1975:239)

Crimes against Liberty and Peace in Sweden under

Section 3

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 3 reads as follows: A person who otherwise than as stated in Section 1 or 2, by unlawful coercion or deceit, causes the entry of someone into military or work service or other similar condition of restraint or induces someone to go or remain in a place abroad where he or she may be in danger of being exposed to persecution or exploited for casual sexual relations or otherwise fall into distress, shall be sentenced for placing a person in a distressful situation to imprisonment for at least one and at most ten years. If the crime is of a less serious nature , a fine or imprisonment for at most two years shall be imposed. (Law 1998:393)

Crimes against Liberty and Peace in Sweden under

Section 7

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 7 reads as follows: A person who physically molests or by discharging a firearm, throwing stones, making loud noise or other reckless conduct molests another, shall be sentenced for molestation to a fine or imprisonment for at most one year. (Law 1993:207)

Crimes against Liberty and Peace in Sweden under

Section 5

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 5 reads as follows: A person who raises a weapon against another or otherwise threatens to commit a criminal act, in such a manner that the nature thereof evokes in the threatened person a serious fear for the safety of his own or someone else's person or property, shall be sentenced for unlawful threat to a fine or imprisonment for at most one year. If the crime is gross, imprisonment for at least six months and at most four years shall be imposed. (Law 1993:207)

Crimes against Liberty and Peace in Sweden under

Section 1

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 1 reads as follows: A person who seizes and carries off or confines a child or some other person with intent to injure him or her in body or health or to force him or her into service, or to practise extortion, shall be sentenced for kidnapping to imprisonment for a fixed period of at least four and at most ten years, or for life. If the crime is of a less serious nature, imprisonment for at most six years shall be imposed. (Law 1998:393)

Crimes against Liberty and Peace in Sweden under

Section 6

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 6 reads as follows: A person who unlawfully intrudes or remains where another has his living quarters, whether it is a room, a house, a yard or a vessel, shall be sentenced to a fine for breach of domiciliary peace. A person, who, without authorisation, intrudes or remains in an office, factory, other building or vessel or at a storage area or other similar place, shall be sentenced for unlawful intrusion to a fine. If the crime mentioned in the first or second, paragraph is gross, imprisonment for at most two years shall be imposed.

Crimes against Liberty and Peace in Sweden under

Section 8

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 8 reads as follows: A person who unlawfully obtains access to a communication which a postal or telecommunications firm delivers or transmits in the form of mail or as a telecommunication, shall be sentenced for breach of postal or telecommunication secrecy to a fine or imprisonment for at most two years. (Law 1993:601)

Crimes against Liberty and Peace in Sweden under

Section 4

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 4 reads as follows: A person who, by assault or otherwise by force or by threat of a criminal act, compels another to do, submit to or omit to do something, shall be sentenced for unlawful coercion to a fine or imprisonment for at most two years. Anyone who to such effect exercises coercion by threatening to prosecute or report another for a crime or give detrimental information about another, shall also be sentenced for unlawful coercion, provided that the coercion is wrongful. If the crime referred to in the first, paragraph is gross, imprisonment for at least six months and at most six years shall be imposed. In assessing whether the crime is gross special consideration shall be given to whether the act included the infliction of pain to force a confession, or other torture.

Crimes against Liberty and Peace in Sweden under

Section 9

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 9 reads as follows: A person who, in a case not covered by Section 8, unlawfully opens a letter or a telegram or otherwise obtains access to something kept under seal or lock or otherwise enclosed, shall be sentenced for intrusion into a safe depository to a fine or imprisonment for at most two years.

Crimes against Liberty and Peace in Sweden under

Section 9a

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 9a reads as follows: A person who, in a case other than as stated in Section 8, unlawfully and secretly listens to or records by technical means for sound reproduction, speech in a room, a conversation between others or discussions at a conference or other meeting to which the public is not admitted and in which he himself does not participate, or to which he has improperly obtained access, shall be sentenced for eavesdropping to a fine or imprisonment for at most two years. (Law 1975:239)

Crimes against Liberty and Peace in Sweden under

Section 9c

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 9c reads as follows: A person who, in cases other than those defined in Sections 8 and 9, unlawfully obtains access to a recording for automatic data processing or unlawfully alters or erases or inserts such a recording in a register, shall be sentenced for breach of data secrecy to a fine or imprisonment for at most two years. A recording in this context includes even information that is being processed by electronic or similar means for use with automatic data processing. (Law 1998:206)

Crimes against Liberty and Peace in Sweden under

Section 2

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 2 reads as follows: A person who, in cases other than those stated in Section 1, kidnaps or confines someone or in some other way deprives him or her of liberty, shall be sentenced for unlawful deprivation of liberty to imprisonment for at least one and at most ten years. If the crime is of a less serious nature, a fine or imprisonment for at most two years shall be imposed. (Law 1998:393)

Crimes against Liberty and Peace in Sweden under

Section 10

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 10 reads as follows: Attempt, preparation or conspiracy to commit kidnapping, unlawful deprivation of liberty or placing a person in a distressful situation, and any failure to reveal such crimes, shall be adjudged in accordance with the provisions of Chapter 23. The same shall apply to an attempt or preparation to commit unlawful coercion of a serious nature or breach of data secrecy, which if it had been completed, could not be considered petty. (Law 1998:206)

Crimes against Liberty and Peace in Sweden under

Section 11

Under Part Two, on Crimes, and Chapter 4, on Crimes against Liberty and Peace, the Section 11 reads as follows: Breach of domiciliary peace or unlawful intrusion not of a serious nature, unlawful eavesdropping not committed in a public place or preparation for such a crime, molestation which did not occur in a public place, or intrusion into a safe depository, may be prosecuted by a prosecutor only if the injured party reports the crime for prosecution or if prosecution is called for in the public interest. This also applies to unlawful coercion by threatening to prosecute or to inform on another for a crime or to give detrimental information about another, as well as an attempt to commit or prepare such a crime. (Law 1975:239)

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