Deduction of Period of Arrest and Remand in Custody

Deduction of Period of Arrest and Remand in Custody in Europe

Deduction of Period of Arrest and Remand in Custody in Sweden

Deduction of Period of Arrest and Remand in Custody 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 deduction of period of arrest and remand in custody and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Deduction of Period of Arrest and Remand in Custody in Sweden under

Section 5

Under Part Three, on Sanctions, and Chapter 33, on Deduction of Period of Arrest and Remand in Custody, the Section 5 reads as follows: If a person sentenced to imprisonment for a fixed term or to closed juvenile care, or if the court orders, in conformity with Chapter 34, Section 1, that such sanction shall cover further crimes, and if the sentenced person has been deprived of liberty through arrest, remand in custody or admission to a forensic psychiatry unit under Section 10 of the Forensic Psychiatric Examinations Act (1991:1137) for at least twenty-four hours by reason of being suspected of a crime that has been tried and subject to sentence, the period of such deprivation of liberty, insofar as enforcement of another sentence has not proceeded simultaneously, shall be considered as time served in prison or in a special youth institution in consequence of the sentence imposed. The court shall state the number of days to be considered as served in its judgement. If the time by which the sentence of imprisonment exceeds the period of deprivation of liberty is small, the court may direct that the term of imprisonment shall be considered to have been served in full as a result of the deprivation of liberty. If a conditional sentence or a sentence of probation is revoked and imprisonment for a fixed period is imposed instead, then insofar as the deduction provided for in the first or third paragraphs has not been made, the provisions of the first paragraph shall also be applicable to: 1. deprivation of liberty preceding the conditional sentence or the sentence to probation, 2. deprivation of liberty preceding a judgement directing that the conditional sentence or sentence to imprisonment shall include further crimes, and to 3. any detention provided for in Chapter 28, Section 6 b or Section 11, third paragraph. If a person is sentenced to a fine and has been deprived of liberty in the manner described in the first paragraph by reason of being suspected of a crime that has been subject to sentence, the court may direct that the sentence has been enforced in full or in part as a result of the deprivation of liberty. (Law 1998:604)

Deduction of Period of Arrest and Remand in Custody in Sweden under

Section 8

Under Part Three, on Sanctions, and Chapter 33, on Deduction of Period of Arrest and Remand in Custody, the Section 8 reads as follows: In trial by a higher court of an appeal concerning the imposition of a sanction, a decision on a question dealt with in Sections 5 and 6 may be amended even though no appeal has been lodged against such decision. (Law 1988:942)

Deduction of Period of Arrest and Remand in Custody in Sweden under

Section 3

Under Part Three, on Sanctions, and Chapter 33, on Deduction of Period of Arrest and Remand in Custody, the Section 3 reads as follows: Repealed (Law 1973:43)

Deduction of Period of Arrest and Remand in Custody in Sweden under

Section 7

Under Part Three, on Sanctions, and Chapter 33, on Deduction of Period of Arrest and Remand in Custody, the Section 7 reads as follows: Repealed (Law 1987:761)

Deduction of Period of Arrest and Remand in Custody in Sweden under

Section 1

Under Part Three, on Sanctions, and Chapter 33, on Deduction of Period of Arrest and Remand in Custody, the Section 1 reads as follows: Repealed (Law 1988:42)

Deduction of Period of Arrest and Remand in Custody in Sweden under

Section 2

Under Part Three, on Sanctions, and Chapter 33, on Deduction of Period of Arrest and Remand in Custody, the Section 2 reads as follows: Repealed (Law 1988:942)

Deduction of Period of Arrest and Remand in Custody in Sweden under

Section 4

Under Part Three, on Sanctions, and Chapter 33, on Deduction of Period of Arrest and Remand in Custody, the Section 4 reads as follows: Repealed (Law 1988:942)

Deduction of Period of Arrest and Remand in Custody in Sweden under

Section 9

Under Part Three, on Sanctions, and Chapter 33, on Deduction of Period of Arrest and Remand in Custody, the Section 9 reads as follows: Repealed (Law 1988:942)

Deduction of Period of Arrest and Remand in Custody in Sweden under

Section 6

Under Part Three, on Sanctions, and Chapter 33, on Deduction of Period of Arrest and Remand in Custody, the Section 6 reads as follows: The provisions of Section 5 on taking account of a period of deprivation of liberty as time reckoned for the enforcement of a sentence may also be applied to the extent found to be reasonable to a deprivation of liberty which took place outside the Realm.

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