General Grounds for Exemption From Criminal Responsibility

General Grounds for Exemption From Criminal Responsibility in Europe

General Grounds for Exemption from Criminal Responsibility in Sweden

General Grounds for Exemption from Criminal Responsibility 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 general grounds for exemption from criminal responsibility and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

General Grounds for Exemption from Criminal Responsibility in Sweden under

Section 4

Under Part Two, on Crimes, and Chapter 24, on General Grounds for Exemption from Criminal Responsibility, the Section 4 reads as follows: An act by a person, in cases other than those described previously in this Chapter, if committed out of necessity, constitutes a crime only if it is indefensible having regard to the nature of the danger, the injury caused to another and to the circumstances in general. Necessity exists when a danger threatens life, health, property or some other important interest protected by the law. (Law 1994:458)

General Grounds for Exemption from Criminal Responsibility in Sweden under

Section 1

Under Part Two, on Crimes, and Chapter 24, on General Grounds for Exemption from Criminal Responsibility, the Section 1 reads as follows: An act committed by a person in self-defence constitutes a crime only if, having regard to the nature of the aggression, the importance of its object and the circumstances in general, it is clearly unjustifiable. A right to act in self-defence exists against, 1. an initiated or imminent criminal attack on a person or property, 2. a person who violently or by the threat of violence or in some other way obstructs the repossession of property when caught in the act, 3. a person who has unlawfully forced or is attempting to force entry into a room, house, yard or vessel, or 4. a person who refuses to leave a dwelling when ordered to do so. (Law 1994:458)

General Grounds for Exemption from Criminal Responsibility in Sweden under

Section 9

Under Part Two, on Crimes, and Chapter 24, on General Grounds for Exemption from Criminal Responsibility, the Section 9 reads as follows: An act committed by a person labouring under a misapprehension concerning its permissibility shall not result in his being liable to punishment if the mistake arose by reason of an error in the proclamation of the criminal provision or if, for other reasons, it was manifestly excusable. (Law 1994:458)

General Grounds for Exemption from Criminal Responsibility in Sweden under

Section 8

Under Part Two, on Crimes, and Chapter 24, on General Grounds for Exemption from Criminal Responsibility, the Section 8 reads as follows: An act committed by a person on the order of someone to whom he owes obedience shall not result in his being liable to punishment, if in view of the nature of the obedience due, the nature of the act and the circumstances in general, it was his duty to obey the order. (Law 1994:458)

General Grounds for Exemption from Criminal Responsibility in Sweden under

Section 7

Under Part Two, on Crimes, and Chapter 24, on General Grounds for Exemption from Criminal Responsibility, the Section 7 reads as follows: An act committed by a person with the consent of some other person towards whom it is directed, constitutes a crime only if the act, having regard to the injury, violation or danger which it involved, its purpose, and other circumstances, is indefensible. (Law 1994:458)

General Grounds for Exemption from Criminal Responsibility in Sweden under

Section 5

Under Part Two, on Crimes, and Chapter 24, on General Grounds for Exemption from Criminal Responsibility, the Section 5 reads as follows: If a person is empowered under Sections 1-4 of this Chapter or under Section 10 of the Police Act (1984:387) to commit an act which is otherwise subject to punishment, anyone who assists him is similarly entitled. (Law 1994:458)

General Grounds for Exemption from Criminal Responsibility in Sweden under

Section 2

Under Part Two, on Crimes, and Chapter 24, on General Grounds for Exemption from Criminal Responsibility, the Section 2 reads as follows: If a person who is an inmate of a prison, is remanded in custody or is under arrest or otherwise deprived of liberty, escapes, or by violence or threat of violence offers resistance, or offers resistance in some other way to someone who is in charge of him and is responsible for seeing that he behaves, such force as is justifiable in view of the circumstances may be used to prevent the escape or to maintain order. This also applies if, in cases referred to in this paragraph, resistance is offered by someone other than those previously mentioned. The right of a policeman and certain other personnel to use force is otherwise dealt with by provisions in the Police Act (1984:387). (Law 1994:458)

General Grounds for Exemption from Criminal Responsibility in Sweden under

Section 6

Under Part Two, on Crimes, and Chapter 24, on General Grounds for Exemption from Criminal Responsibility, the Section 6 reads as follows: If a person who, in a case where Sections 1-5 of this Chapter or Section 10 of the Police Act (1984:387) apply, has done more than is permitted, he shall nevertheless not be held responsible if the circumstances were such that he had difficulty in stopping to think. (Law 1994:458)

General Grounds for Exemption from Criminal Responsibility in Sweden under

Section 3

Under Part Two, on Crimes, and Chapter 24, on General Grounds for Exemption from Criminal Responsibility, the Section 3 reads as follows: With mutiny or during combat, and also on occasions when a crime against military discipline results in a special danger, a military superior may, vis-à-vis a subordinate who is insubordinate, use the force necessary to secure obedience. (Law 1994:458)

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