Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Europe

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime 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 forfeiture of property, corporate fines and other special legal effects of crime and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 10

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 10 reads as follows: A corporate fine may be remitted or set at less than it should have been under the provisions of Section 9: 1. if a sanction for the crime is imposed on the entrepreneur or a representative of the entrepreneur, 2. if the crime involves some other payment liability or a special legal effect for the entrepreneur, 3. if this is otherwise called for on special grounds. (Law 1986:118) Common provisions

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 8

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 8 reads as follows: A corporate fine shall consist of at least ten thousand Swedish crowns and at most three million Swedish crowns. (Law 1986:118)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 15

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 15 reads as follows: A decision concerning forfeiture or measure to avert misuse or concerning a corporate fine is null and void if its implementation has not occurred within ten years from the date when the decision acquired final legal force. (Law 1986:118)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 7

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 7 reads as follows: For a crime committed in the exercise of business activities the entrepreneur shall, at the instance of a public prosecutor, be ordered to pay a corporate fine if: 1. the crime has entailed gross disregard for the special obligations associated with the business activities or is otherwise of a serious kind, and 2. the entrepreneur has not done what could reasonably be required of him for prevention of the crime. The provisions of the first paragraph shall not apply if the crime was directed against the entrepreneur or if it would otherwise be manifestly unreasonable to impose a corporate fine. (Law 1986:1007)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 17

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 17 reads as follows: Forfeited property and corporate fines accrue to the State unless otherwise prescribed. If the proceeds of crime described in Section 1, corresponding to the damage occasioned to an individual, are declared forfeited from some person, the State shall in that person's stead pay compensation to the injured party to an amount corresponding to the value that has accrued to the State as a consequence of the decision on forfeiture. In the enforcement of this decision, the party subject to the forfeiture shall be entitled to make a deduction for any amount he shows himself to have already paid in compensation to the injured party. (Law 1986:1007)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 3

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 3 reads as follows: Forfeiture may also be decided on in cases other than those described in Section 2 in respect of objects which: 1. by reason of their special nature and other circumstances, give rise to a fear that they may be put to criminal use, 2. are intended for use as a weapon in a crime against human life or health and which have been discovered in circumstances which give rise to a fear that they would be put to such use, or 3. are intended for use as an auxiliary aid in a crime entailing damage to property and have been discovered in circumstances which clearly give rise to a fear that they would be put to such use. (Law 1989:136)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 5

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 5 reads as follows: Forfeiture of property or its worth in consequence of crime may, if no provision is otherwise made, be exacted of: a) the offender or an accomplice in the crime, b) the person whose position was occupied by the offender or an accomplice, c) the person who profited from the crime or the entrepreneur described in Section 4, d) any person who after the crime acquired the property through the division of jointly held marital property, or through inheritance, will or gift, or who after the crime acquired the property in some other manner and, in so doing, knew or had reasonable grounds to suspect that the property was connected with the crime. If the property did not belong to any of the persons in the categories (a) – (c) in the first paragraph, it may not be declared forfeited. Any special right to property that has been declared forfeited remains if the special right is not also declared to be forfeited. Such a right gained by distraint or security for payment ceases if the property is declared forfeited unless for some special reason it is ordered that the right shall remain. (Law 1987:791)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 13

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 13 reads as follows: If a crime has been committed by someone who has not attained fifteen years of age or who has acted under the influence of serious mental disturbance, the court may order forfeiture of property or other special legal effect that may follow upon the crime only if, and to the extent that, this may be regarded as reasonable having regard to his mental state, the nature of the act, and other circumstances. (Law 1986:118)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 14

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 14 reads as follows: If a sanction can no longer be imposed because of the death of the offender or for other cause, property may be declared forfeited or a corporate fine imposed by reason of the crime or a measure be prescribed to avert misuse only if, in proceedings pertaining thereto, a summons has been served within five years from the time when the crime was committed. In such a case the prosecutor may institute proceedings only if called for in the public interest. In a case falling under the present description the provisions of Chapter 35, Section 3 shall be correspondingly applicable. (Law 1986:118)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 16

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 16 reads as follows: If an act or statutory instrument prescribes that a declaration be made concerning forfeiture or other special legal consequence of a crime, the declaration may nevertheless be dispensed with if such a legal consequence is manifestly unreasonable. (Law 1986:1007)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 12

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 12 reads as follows: If sentencing someone to a sanction is a prerequisite for the forfeiture of property or other special legal effect which may follow upon crime, the court may, if the sanction for the crime is remitted, order, insofar as circumstances give cause, that such legal effect shall ensue. (Law 1986:118)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 4

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 4 reads as follows: If, as a result of a crime committed in the course of business, the entrepreneur has derived financial advantages, the value thereof shall be declared forfeited, even if this is not so provided for in Section 1 or 2 or otherwise specially provided for. The provisions of the first paragraph shall not apply if forfeiture is unreasonable. In assessing whether such is the case, consideration shall be given inter alia to whether there is reason to believe that some other obligation to pay a sum corresponding to the financial gain derived from the crime will be imposed upon the entrepreneur or will be otherwise discharged by him. If proof of what is to be declared forfeited cannot, or can only with difficulty, be presented, the value may be estimated to be an amount that is reasonable in view of the circumstances. (Law 1986:1007)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 9

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 9 reads as follows: In determining the amount of a corporate fine, special consideration shall be given to the nature and extent of the crime and to its relation to the business activity. (Law 1986:118)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 6

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 6 reads as follows: Instead of forfeiture, the court may prescribe a measure for the prevention of misuse. (Law 1986:118) Corporate fines

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 2

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 2 reads as follows: Property which has been used as an auxiliary means in the commission of a crime under this Code or which is the product of such a crime may be declared forfeited if this is called for in order to prevent crime or for other special reasons. This also applies to property the use of which constitutes a crime under this Code or which is otherwise used in a manner which constitutes such a crime. The value of property may be declared forfeited instead of the property itself. (Law 1968:165)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 1

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 1 reads as follows: The proceeds of a crime as defined in this Code shall be declared forfeited unless this is manifestly unreasonable. The same shall apply to anything a person has received as payment for costs incurred in conjunction with a crime, provided that such receipt constitutes a crime under this Code. The value of the article received may be declared forfeited instead of the article itself. In determining whether it would be manifestly unreasonable to declare the proceeds of a crime forfeited under the provisions of the first paragraph, consideration shall be given inter alia, to whether there is reason to believe that liability to pay damages in consequence of the crime will be imposed or otherwise discharged. (Law 1986:1007)

Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime in Sweden under

Section 11

Under Part Three, on Sanctions, and Chapter 36, on Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime, the Section 11 reads as follows: The provisions of an act or statutory instrument concerning a special legal effect arising from the fact that someone is sentenced to punishment shall also apply when some other sanction stated in Chapter 1, Section 3, is imposed. In the application of the first paragraph, a conditional sentence and probation, and also, unless the sentence otherwise states, committal for special care, shall be considered equivalent to imprisonment. In that connection, if so ordered, probation and committal for special care shall be considered as corresponding to imprisonment for at least six months. (Law 1986:118)

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