Crimes Against Public Order

Crimes Against Public Order in Europe

Crimes against Public Order in Sweden

Crimes against Public Order 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 public order 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 Public Order in Sweden under

Section 9

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 9 reads as follows: A businessman who in the conduct of his business discriminates against a person on grounds of that person's race, colour, national or ethnic origin or religious belief by not dealing with that person under the terms and conditions normally applied by the businessman in the course of his business with other persons, shall be sentenced for unlawful discrimination to a fine or imprisonment for at most one year. The provisions of the foregoing paragraph relating to discrimination by a businessman shall also apply to a person employed in a business or otherwise acting on behalf of a businessman and to a person employed in public service or having a public duty. A sentence for unlawful discrimination shall also be imposed on any organiser of a public assembly or gathering, and on any collaborator of such organiser, who discriminates against a person on grounds of his race, colour, national or ethnic origin or religious belief by refusing him access to the public assembly or gathering under the terms and conditions normally applied to other persons. A sentence for unlawful discrimination shall also be imposed on any person designated in the first to third paragraphs above who, in the manner there indicated, discriminates against another on the ground that the latter has a homosexual disposition. (Law 1987:610)

Crimes against Public Order in Sweden under

Section 3

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 3 reads as follows: A member of a crowd that disturbs the public order who neglects to obey a command aimed at maintaining order, or intrudes into an area that, for such purpose, is enclosed or has been fenced off, shall, if no riot occurs, be sentenced for disobeying police orders to a fine or imprisonment for at most six months.

Crimes against Public Order in Sweden under

Section 17

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 17 reads as follows: A person preparing or conspiring to mutiny, or who fails to disclose a mutiny, shall be sentenced in accordance with the provisions of Chapter 23. The same shall also apply to the crime of attempt or preparation of gross illicit gambling, to the crime of attempt of child pornography crime described in Section 10a, first paragraph if it is not petty, and attempt or preparation to gross child pornography crime. (Law 1998:1444)

Crimes against Public Order in Sweden under

Section 10a

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 10a reads as follows: A person who 1 portrays a child in a pornographic picture; 2 disseminates, transfers, grants use, exhibits or in any other way makes such a picture of a child available to some other person; 3 acquires or offers such a picture of a child; 4 brings about contact between a buyer and a seller of such pictures of children or takes any other similar step to facilitate dealing in such pictures; or 5 possess such a picture of a child shall be sentenced for child pornography crime to imprisonment for at most two years, or, if the crime is petty, to a fine or imprisonment for at most six months. By child is meant a person whose pubertal development is not complete or, if it is apparent from the picture and its attendant circumstances, who is less than 18 years of age. A person who in the course of business or otherwise for the purpose of making money disseminates a picture of the kind described in the first paragraph through negligence shall be sentenced as there stated. If the crime described in the first paragraph is considered to be gross a sentence of at least six months and at most four years shall be imposed for gross child pornography crime. In assessing whether the crime is gross special consideration shall be given to whether it was committed in the course of business or otherwise for profit, was a part of criminal activity that was systematically practised or practised on a larger scale, or concerned a particularly large number of pictures or pictures in which children are exposed to especially ruthless treatment. The prohibitions against depiction and possession do not apply to a person who draws, paints or in some other similar hand-crafted fashion produces a picture of the kind described in the first paragraph as long as it is not intended for dissemination, transfer, granted use, exhibition or in any other way be made available to others. Even in other cases the act shall not constitute a crime if, having regard to the circumstances, it is justifiable. (Law 1998: 1444)

Crimes against Public Order in Sweden under

Section 4

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 4 reads as follows: A person who by act of violence, loud noise or other like means disturbs or tries to interfere with a public religious service, other public devotional exercise, wedding, funeral or like ceremony, a court session or other state or municipal official function, or a public gathering for deliberation, instruction or to hear a lecture, shall be sentenced for disturbing a function or public meeting to a fine or imprisonment for at most six months.

Crimes against Public Order in Sweden under

Section 12

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 12 reads as follows: A person who distributes among children or young persons a writing, picture or technical recording which owing to its content may brutalise or otherwise involve serious danger to the moral nurture of the young, shall be sentenced for leading youth astray to a fine or imprisonment for at most six months. (Law 1998:1444)

Crimes against Public Order in Sweden under

Section 16

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 16 reads as follows: A person who is noisy in a public place or who otherwise publicly behaves in a manner apt to arouse public indignation, shall be sentenced for disorderly conduct to pay a fixed fine. (Law 1991:240)

Crimes against Public Order in Sweden under

Section 5

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 5 reads as follows: A person who orally, before a crowd or congregation of people, or in a publication distributed or issued for distribution, or in other message to the public, urges or otherwise attempts to entice people to commit a criminal act, evade a civic duty or disobey public authority, shall be sentenced for inciting rebellion to a fine or imprisonment for at most six months. A sentence for inciting rebellion shall also be imposed upon any person who orally before a gathering of members of the armed forces or by other communication with members of the armed forces urges or otherwise attempts to entice them to an act or omission in dereliction of their service duty. Punishment shall not be imposed in petty cases. In assessing whether the crime is petty, special consideration shall be given to whether there was only an insignificant risk that the enticement or attempted enticement would in fact have effect. If the crime, in view of the fact that the offender attempted to instigate the commission of a serious crime or in view of other circumstances, must be regarded as gross, imprisonment for at most four years shall be imposed. (Law 1986:645)

Crimes against Public Order in Sweden under

Section 15

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 15 reads as follows: A person who, by furnishing a false statement that danger exists for the life or health of one or more people or for extensive destruction of property, occasions unnecessary safety measures, shall be sentenced for false alarm to a fine or imprisonment for at most one year. If the crime referred to in the first paragraph is regarded as gross, imprisonment for at least six and at most four years shall be imposed. A person who, by improper use of an alarm, emergency signal or other similar device, causes an unnecessary turn out of the police, rescue service, fire brigade, ambulance service, the military, searescue service or other public security service shall be sentenced for improper use of an alarm to a fine or imprisonment for not more than six months. (Law 1993:207)

Crimes against Public Order in Sweden under

Section 18

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 18 reads as follows: A person who, having granted the usufructuary right to a dwelling, acquires knowledge that the property is wholly or to a substantial extent used for illicit gambling or gross illicit gambling or for an attempt to, or preparation for, gross gambling and fails to do what can reasonably be required to bring the grant to an end, shall be considered, if the criminal activity continues or is resumed at the property, to have promoted it and be sentenced under the provisions governing complicity in Chapter 23. (Law 1980:892)

Crimes against Public Order in Sweden under

Section 8

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 8 reads as follows: A person who, in a disseminated statement or communication, threatens or expresses contempt for a national, ethnic or other such group of persons with allusion to race, colour, national or ethnic origin or religious belief shall, be sentenced for agitation against a national or ethnic group to imprisonment for at most two years or, if the crime is petty, to a fine. (Law 1988:835)

Crimes against Public Order in Sweden under

Section 11

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 11 reads as follows: A person who, on or at a public place, exhibits pornographic pictures by means of displays or other similar procedure in a manner which is apt to result in public annoyance, shall be sentenced for unlawful exhibition of pornographic pictures to a fine or imprisonment for at most six months. This also applies to a person who sends through the mail to or otherwise furnishes another with unsolicited pornographic pictures. (Law 1970:225)

Crimes against Public Order in Sweden under

Section 13

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 13 reads as follows: A person who, with intent or through gross carelessness, by maltreating, overworking, neglecting or in some other way unjustifiably exposes an animal to suffering, shall be sentenced for cruelty to animals to a fine or imprisonment for at most two years. (Law 1972:629)

Crimes against Public Order in Sweden under

Section 10b

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 10b reads as follows: Any person who in a picture depicts sexual violence or coercion with intent to disseminate the picture or pictures or disseminates such depiction, shall, unless the act in view of the circumstances is justifiable, be sentenced for unlawful depiction of violence to a fine or imprisonment for at most two years. This also applies to any person who in moving pictures intrusively or extensively depicts extreme violence towards humans or animals with intent to disseminate such pictures, or disseminates such a depiction. A person who through negligence disseminates a depiction mentioned in the first paragraph in the course of business or otherwise for the purpose of making money, shall be punished in accordance with the provisions of the first paragraph. The provisions of the first and second paragraphs shall not apply to films or video recordings approved for public showing by the National Board of Film Censors. Nor shall they apply to a technical recording of moving pictures the contents of which are identical with those of a film or video recording approved by the Board. In addition, the first and second paragraphs do not apply to public showings of films or video recordings. If a technical recording of moving pictures is furnished with a certificate confirming that a film or video recording with an identical content has been approved by the National Board of Film Censors, no criminal responsibility exists under the provisions of the first or second paragraph for the dissemination of the recording. This shall however not apply if the certificate was false and the person who disseminated the recording realised or should have realised that this was so. (Law 1998:1444)

Crimes against Public Order in Sweden under

Section 10c

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 10c reads as follows: Any person who, intentionally or through gross negligence in the course of business or otherwise for the purpose of making money purveys to a person under the age of fifteen a film, video recording or other technical recording with moving pictures explicitly and realistically depicting violence or the threat of violence towards humans or animals shall be convicted of illicit purveyance of a technical recording and sentenced to a fine or imprisonment for at most six months. The provisions of the first paragraph do not apply to films or video recordings approved by the National Board of Film Censors for showing to children under the age of fifteen. Nor shall they apply to a technical recording of moving pictures with an identical content to a film or video recording approved by the Board of Film Censors. In addition, the first paragraph does not apply to public showings of films or video recordings. If a technical recording of moving pictures is furnished with a certificate confirming that a film or video recording with an identical content has been approved by the National Board of Film Censors for showing to children under the age of fifteen, no criminal responsibility exists under the provisions of the first paragraph. This shall not, however, apply if the certificate was false and the person who purveyed the recording realised or should have realised that this was so. (Law 1998:1444)

Crimes against Public Order in Sweden under

Section 1

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 1 reads as follows: If a crowd of people disturbs public order by demonstrating an intention to use group violence in opposition to a public authority or otherwise to compel or obstruct a certain measure and does not disperse when ordered to do so by the authority, the instigators and leaders shall be sentenced for riot to imprisonment for at most four years and other participants in the crowd's proceedings to a fine or imprisonment for at most two years. If the crowd disperses on order of the authority, the instigators and leaders shall be sentenced for riot to a fine or imprisonment for at most two years.

Crimes against Public Order in Sweden under

Section 2

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 2 reads as follows: If a crowd, with intent referred to in Section 1, has proceeded to use group violence on a person or property, whether a public authority was present or not, sentences to imprisonment for violent riot shall be imposed on instigators and leaders for at most ten years whilst participants in the crowd's proceedings shall be sentenced to a fine or imprisonment for at most four years.

Crimes against Public Order in Sweden under

Section 6

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 6 reads as follows: If a gathering of members of the armed forces collectively threaten to overthrow or resist a lawful authority of those forces, they shall be sentenced for mutiny to a fine or imprisonment for at most four years. Instigators and leaders of the mutiny, however, shall be sentenced to imprisonment for at most six years. If the participants in a mutiny have used collective force or violence against a person or property, they shall be sentenced to imprisonment for at most of six years. The instigators and leaders, however, shall be sentenced to imprisonment for at most ten years, or for life. If the crime is otherwise considered to be gross, the accused shall be sentenced to imprisonment for at most ten years, or for life. In assessing whether the crime is gross, special consideration shall be given to whether the act or actions were committed during battle or at a time when a breach of military discipline would otherwise result in special danger. (Law 1986:645)

Crimes against Public Order in Sweden under

Section 14

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 14 reads as follows: If a person unlawfully organises for the public a game or other similar activity the outcome of which is entirely or essentially dependent on chance and, if in view of the nature of the activity, the financial value of the stakes and other circumstances it appears hazardous or of a nature to bring a considerable financial gain for the organiser, he shall be sentenced for illicit gambling to a fine or imprisonment for at most two years. The same applies to a person who permits such activity in an apartment or other premises which he has opened to the public. (Law 1986:1007)

Crimes against Public Order in Sweden under

Section 14a

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 14a reads as follows: If the crime referred to in Section 14, first paragraph, is regarded as gross, the offender shall be sentenced for gross illicit gambling to imprisonment for at least six months and at most four years. In assessing whether the crime is gross, special attention shall be paid to whether the activity was conducted professionally, comprised considerable amounts or otherwise had been of a specially hazardous nature. (Law 1982:1061)

Crimes against Public Order in Sweden under

Section 19

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 19 reads as follows: Public prosecution of a crime defined in Section 10 c may only be instituted with the prior consent of the National Board of Film Censors. For crimes defined in Section 10 b, the National Board of Film Censors shall express their opinion before a public prosecution is instituted concerning films and video recordings. (Law 1991:1560)

Crimes against Public Order in Sweden under

Section 7

Under Part Two, on Crimes, and Chapter 16, on Crimes against Public Order, the Section 7 reads as follows: Repealed (Law 1970:225)

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