Embezzlement and Other Breaches of Trust

Embezzlement and Other Breaches of Trust in Europe

Embezzlement and Other Breaches of Trust in Sweden

Embezzlement and Other Breaches of Trust 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 embezzlement and other breaches of trust and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Embezzlement and Other Breaches of Trust in Sweden under

Section 8

Under Part Two, on Crimes, and Chapter 10, on Embezzlement and Other Breaches of Trust, the Section 8 reads as follows: A person who does not comply with the law's provisions concerning the obligation to give notice of property found or belonging to another, of which possession was gained by error or by chance, shall be sentenced for failure to return lost property to a fine. If such obligation was disregarded with intent to appropriate the property or if otherwise the property was dealt with in a manner defined in Section 4, the provisions of that Section shall apply.

Embezzlement and Other Breaches of Trust in Sweden under

Section 7

Under Part Two, on Crimes, and Chapter 10, on Embezzlement and Other Breaches of Trust, the Section 7 reads as follows: A person who unlawfully uses something belonging to another and thereby causes damage or inconvenience, shall be sentenced for unlawful use to a fine or imprisonment for at most six months. The same shall apply if the owner of a property uses it to the prejudice of another's right to it by unlawfully building, digging, ploughing, making a road, letting animals graze or taking some other similar action. If the crime as defined in the first, paragraph is gross, imprisonment for at least six months and at most four years shall be imposed. (Law 1993:207)

Embezzlement and Other Breaches of Trust in Sweden under

Section 5

Under Part Two, on Crimes, and Chapter 10, on Embezzlement and Other Breaches of Trust, the Section 5 reads as follows: A person who, by reason of a position of trust has been given the task of managing another's financial affairs or independently handling an assignment requiring qualified technical knowledge, or exercising supervision over the management of such affairs or assignment, abuses his position of trust and thereby injures his principal, shall be sentenced for breach of faith committed by an agent against his principal to a fine or imprisonment for at most two years. The foregoing does not apply if the crime is punishable under Sections 1-3. If the crime is gross, imprisonment for at least six months and at most six years shall be imposed. In assessing whether the crime is gross, special attention shall be given to whether the offender used a false document or misleading bookkeeping or caused his principal a substantial or particularly keenly felt loss. A person who has been given the task of managing another's legal affairs and abuses his position of trust to the detriment of his principal, shall be sentenced in accordance with the first, paragraph even if the affairs are not of a financial or technical nature. (Law 1986:123)

Embezzlement and Other Breaches of Trust in Sweden under

Section 6

Under Part Two, on Crimes, and Chapter 10, on Embezzlement and Other Breaches of Trust, the Section 6 reads as follows: A person who, in a case not previously provided for in this Chapter, by misusing his authority to take legal action on behalf of another, harms that person, or, by misuse of his authority to call in a promissory note or like instrument, lays claim to something that belongs to another, shall be sentenced for misuse of authority to a fine or imprisonment for at most two years. The same shall apply if a person demands payment in conformity with a document that has not been issued or payment of a debt already settled or demands the delivery of goods he has already received or, when presented with a demand, adduces a receipt which has not been given.

Embezzlement and Other Breaches of Trust in Sweden under

Section 4

Under Part Two, on Crimes, and Chapter 10, on Embezzlement and Other Breaches of Trust, the Section 4 reads as follows: A person who, in a case other than one provided for earlier in this Chapter, takes any step concerning property in his possession to which the right of ownership or legal security is reserved for, guaranteed to or otherwise belongs to another and by such step the latter is dispossessed of his property or otherwise deprived of his right, shall be sentenced for unlawful disposal to a fine or imprisonment for at most two years.

Embezzlement and Other Breaches of Trust in Sweden under

Section 1

Under Part Two, on Crimes, and Chapter 10, on Embezzlement and Other Breaches of Trust, the Section 1 reads as follows: A person who, through a contract or public or private service or a similar situation, has gained possession of property on behalf of another with the obligation to deliver it or account for it, and appropriates the property or otherwise disregards what he has to comply with in order to be able to fulfil his obligation, shall, if the act results in gain for him and loss to the owner, be sentenced for embezzlement to imprisonment for at most two years.

Embezzlement and Other Breaches of Trust in Sweden under

Section 9

Under Part Two, on Crimes, and Chapter 10, on Embezzlement and Other Breaches of Trust, the Section 9 reads as follows: Attempted embezzlement, gross embezzlement or disloyalty to principal shall be punished in accordance with the provisions of Chapter 23.

Embezzlement and Other Breaches of Trust in Sweden under

Section 3

Under Part Two, on Crimes, and Chapter 10, on Embezzlement and Other Breaches of Trust, the Section 3 reads as follows: If the crime defined in Section 1 is regarded as gross, imprisonment for at least six months and at most six years shall be imposed for gross embezzlement. In assessing whether the crime is gross, special attention shall be given to whether the offender abused a responsible position or used a false document or misleading bookkeeping or whether the act was otherwise of a specially dangerous nature, involved a substantial amount or resulted in a particularly keenly felt loss.

Embezzlement and Other Breaches of Trust in Sweden under

Section 2

Under Part Two, on Crimes, and Chapter 10, on Embezzlement and Other Breaches of Trust, the Section 2 reads as follows: If, having regard to the value of the property and other circumstances, the crime defined in Section 1 is regarded as petty, a fine or imprisonment for at most six months shall be imposed for withholding property.

Embezzlement and Other Breaches of Trust in Sweden under

Section 10

Under Part Two, on Crimes, and Chapter 10, on Embezzlement and Other Breaches of Trust, the Section 10 reads as follows: The provisions of Chapter 8, Section 13, concerning restriction of a public prosecutor's right to prosecute shall also apply to crimes as defined in this Chapter with the exception of gross embezzlement and such disloyalty to a principal which is considered gross. Unlawful conversion of property, which has come into the possession of the accused through an agreement on the hire of the property or an agreement according to which the right of ownership shall be transferred only after payment has been made, or which the accused otherwise possesses by virtue of a credit purchase subject to a right of recovery, may only be prosecuted by a public prosecutor if such prosecution is, for a special reason, called for in the public interest. (Law 1994:1411)

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