Fraud and Other Dishonesty

Fraud and Other Dishonesty in Europe

Fraud and Other Dishonesty in Sweden

Fraud and Other Dishonesty 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 fraud and other dishonesty and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Fraud and Other Dishonesty in Sweden under

Section 6

Under Part Two, on Crimes, and Chapter 9, on Fraud and Other Dishonesty, the Section 6 reads as follows: A person who 1. takes possession of something of which another has been dispossessed by a crime, and does so in such a manner that the nature thereof renders its restitution difficult, 2. procures an improper gain from another's proceeds of crime, 3. improperly promotes the opportunity for another to take advantage of property emanating from the proceeds of crime, or the value of such property, 4. assists in the removal, transfer, or sale of property which is derived from the proceeds of crime, or takes some similar measure, with the intent of concealing the origin of property, or 5. by a demand, transfer or other similar means asserts a claim arising from a crime, shall be sentenced for receiving to imprisonment for at most two years. A person who, in business activities or as a part of business activities which are conducted habitually or otherwise on a large scale, acquires or receives something which may reasonably be assumed to have been misappropriated from another person by a crime, and does so in such a manner that the nature thereof renders its restitution difficult, shall be similarly sentenced for receiving. If the crime referred to in the first or second, paragraph is gross, imprisonment for at least six months and at most six years shall be imposed. (Law 1993:207)

Fraud and Other Dishonesty in Sweden under

Section 10

Under Part Two, on Crimes, and Chapter 9, on Fraud and Other Dishonesty, the Section 10 reads as follows: A person who accepts for use as a means of exerting pressure in connection with a claim, a document that is false, drawn up for the sake of appearance or otherwise incorrect, or a cheque drawn on insufficient funds, shall be sentenced for usurious acquisition to a fine or imprisonment for at most two years.

Fraud and Other Dishonesty in Sweden under

Section 4

Under Part Two, on Crimes, and Chapter 9, on Fraud and Other Dishonesty, the Section 4 reads as follows: A person who by unlawful coercion induces someone to do or not do something which involves gain for the offender and loss for the coerced person or someone represented by the latter, shall, unless the crime is regarded as robbery or gross robbery, be sentenced for extortion to imprisonment for at most two years or, if the crime is petty, to a fine. If the crime is gross, imprisonment for at least six months and at most six years shall be imposed.

Fraud and Other Dishonesty in Sweden under

Section 8

Under Part Two, on Crimes, and Chapter 9, on Fraud and Other Dishonesty, the Section 8 reads as follows: A person who in a case other than those referred to earlier in this Chapter, acts dishonestly by misleading someone and inducing him to do or omit to do something, thereby harming him or someone he represents, shall be sentenced to a fine or imprisonment for at most two years shall be imposed for dishonest conduct. (Law 1970:414)

Fraud and Other Dishonesty in Sweden under

Section 5

Under Part Two, on Crimes, and Chapter 9, on Fraud and Other Dishonesty, the Section 5 reads as follows: A person who in connection with a contract or other legal transaction takes advantage of someone's distress, innocence or thoughtlessness or dependent relationship to him in order to obtain a benefit which is clearly disproportionate to the consideration afforded or for which no consideration will be provided, shall be sentenced for usury to a fine or imprisonment for at most two years. A person shall also be sentenced for usury who, in connection with the granting of credit in a business activity or other activity that is conducted habitually or otherwise on a large scale, procures interest or other financial benefit which is manifestly disproportionate to the counter-obligation. If the crime is gross, imprisonment for at least six months and at most four years shall be imposed. (Law 1986:123)

Fraud and Other Dishonesty in Sweden under

Section 9

Under Part Two, on Crimes, and Chapter 9, on Fraud and Other Dishonesty, the Section 9 reads as follows: A person who publishes or otherwise disseminates misleading information among the public in order to influence the price of an article, a security or other property, shall be sentenced for swindling to imprisonment for at most two years or, if the crime is petty, to a fine or imprisonment for at most six months. A person who assists in organising a share company or other firm or who, because of his position ought to possess special knowledge about a firm, intentionally or through gross carelessness publishes or otherwise disseminates misleading information among the public or among those holding an interest in the firm of a nature to influence the assessment of the firm from a financial point of view, and thereby causes damage, shall be sentenced in accordance with the first paragraph. If a crime as defined in this Section is gross, imprisonment for at least six months and at most six years shall be imposed. (Law 1993:207)

Fraud and Other Dishonesty in Sweden under

Section 11

Under Part Two, on Crimes, and Chapter 9, on Fraud and Other Dishonesty, the Section 11 reads as follows: An attempt or preparation to commit fraud, gross fraud, extortion or usury shall be punished in accordance with the provisions of Chapter 23. The provisions of Chapter 23, Section 3, however, shall not apply to attempt at extortion. A person who, in order to defraud an insurer, or otherwise with fraudulent intent, inflicts bodily harm on himself or on another or harm to property of his own or of another, shall be sentenced for preparation to commit fraud or gross fraud. The same shall apply if a person with the intent previously mentioned endeavours to bring about such harm. If, before the harm has been inflicted, he has voluntarily refrained from carrying out the act, he shall be free from criminal responsibility.

Fraud and Other Dishonesty in Sweden under

Section 3

Under Part Two, on Crimes, and Chapter 9, on Fraud and Other Dishonesty, the Section 3 reads as follows: If a crime as defined in Section 1 is regarded as gross, imprisonment for at least six months and at most six years shall be imposed for gross fraud. In assessing whether the crime is gross, special consideration shall be given to whether the offender abused public trust or employed a false document or misleading bookkeeping, or whether the crime otherwise had been of a particularly dangerous nature, involved a substantial value or resulted in a keenly felt loss. (Law 1976:1139)

Fraud and Other Dishonesty in Sweden under

Section 7

Under Part Two, on Crimes, and Chapter 9, on Fraud and Other Dishonesty, the Section 7 reads as follows: If a crime under Section 6 is considered to be petty, imprisonment for at most six months or a fine shall be imposed for petty receiving. A sentence for petty receiving shall also be imposed on a person who 1. in a case other than that provided for in Section 6, second, paragraph, acquires or receives something in such a manner that the nature thereof renders restitution difficult which may reasonably be assumed to have been misappropriated from another person by a crime, 2. in a case as provided for in Section 6, first, paragraph, did not realise, but had reasonable cause to assume that a crime was involved, or 3. in a manner as provided for in Section 6, first, paragraph, point 1, participated in the crime whereby property was misappropriated from another and did not realise, but had reasonable cause to assume, that a crime had been committed. (Law 1991:451)

Fraud and Other Dishonesty in Sweden under

Section 1

Under Part Two, on Crimes, and Chapter 9, on Fraud and Other Dishonesty, the Section 1 reads as follows: If a person by deception induces someone to commit or omit to commit some act which involves gain for the accused and loss for the deceived or someone represented by the latter imprisonment for at most two years shall be imposed for fraud. A sentenced for fraud shall also be imposed on a person who, by delivering incorrect or incomplete information, or by making alterations to a programme or recording or by other means, unlawfully affects the result of automatic data processing or any other similar automatic process so that gain accrues to the offender and loss is entailed by any other person. (Law 1986:123)

Fraud and Other Dishonesty in Sweden under

Section 2

Under Part Two, on Crimes, and Chapter 9, on Fraud and Other Dishonesty, the Section 2 reads as follows: If, having regard to the extent of the loss and other circumstances of the crime mentioned in Section 1, the crime is regarded as petty, a fine or imprisonment for at most six months shall be imposed for fraudulent conduct. A person who avails himself of accommodation, meals, transportation or admission to a performance or anything similar offered on condition of cash payment, and fails to meet his obligation, shall, whether anyone was deceived or not, be sentenced for fraudulent conduct. However, this shall not apply if the act concerns a value that is inconsiderable and is in other respects as defined in Section 1. (Law 1976:1139)

Fraud and Other Dishonesty in Sweden under

Section 12

Under Part Two, on Crimes, and Chapter 9, on Fraud and Other Dishonesty, the Section 12 reads as follows: The provisions of Chapter 8, Section 13, concerning limitation of a public prosecutor's right to prosecute shall also apply to the crimes defined in this Chapter with the exception of gross fraud. A prosecution for fraud or fraudulent conduct which consists of making a withdrawal from a personal credit or deposit account in breach of agreement, and fraudulent conduct under Section 2, second paragraph, may only be initiated by the public prosecutor if this is in the public interest. (Law 1994:141)

Leave a Comment