Misuse of Office

Misuse of Office in Europe

Misuse of Office in Sweden

Misuse of Office 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 misuse of office and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Misuse of Office in Sweden under

Section 4

Under Part Two, on Crimes, and Chapter 20, on Misuse of Office, etc., the Section 4 reads as follows: A person elected to a national or local government assignment involving the exercise of public authority may be removed therefrom by a court if he has committed a crime for which the punishment is imprisonment for two years or more and, through the crime, has proved manifestly unsuited for the assignment. An assignment with such other employers as are referred to in Section 2, second paragraph, point 1, shall be considered equivalent to a national or local government assignment. (Law 1988:942)

Misuse of Office in Sweden under

Section 3

Under Part Two, on Crimes, and Chapter 20, on Misuse of Office, etc., the Section 3 reads as follows: A person who discloses information which he is duty-bound by Law or other statutory instrument or by order or provision issued under a Law or statutory instrument to keep secret, or if he unlawfully makes use of such secret, he shall, if the act is not otherwise specially subject to punishment, be sentenced for breach of professional confidentiality to a fine or imprisonment for at most one year. A person who through carelessness commits an act described in the first paragraph shall be sentenced to a fine. In petty cases, however, punishment shall not be imposed. (Law 1980:102)

Misuse of Office in Sweden under

Section 1

Under Part Two, on Crimes, and Chapter 20, on Misuse of Office, etc., the Section 1 reads as follows: A person who in the exercise of public authority by act or by omission, intentionally or through carelessness, disregards the duties of his office, shall be sentenced for misuse of office to a fine or imprisonment for at most two years. If, having regard to the perpetrator's official powers or the nature of his office considered in relation to his exercise of public power in other respects or having regard to other circumstances, the act may be regarded as petty, punishment shall not be imposed. If a crime mentioned in the first paragraph has been committed intentionally and is regarded as gross, a sentence for gross misuse of office to 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 seriously abused his position or whether the crime occasioned serious harm to an individual or the public sector or a substantial improper benefit. A member of a decision-making national or municipal assembly shall not be held responsible under the provisions of the first or second paragraphs of this Section for any action taken in that capacity. Nor shall the provisions of the first and second paragraphs of this Section apply if the crime is subject to a punishment under this or some other Law. (Law 1989:608)

Misuse of Office in Sweden under

Section 5

Under Part Two, on Crimes, and Chapter 20, on Misuse of Office, etc., the Section 5 reads as follows: A prosecutor may, without hindrance of other provisions which may exist, prosecute crimes through which a national or local government employee or other person referred to in Section 2, second paragraph, points 1-4, has neglected his obligations in the exercise of his appointment or assignment. However, notwithstanding what is said in the first paragraph, the following shall apply: 1. the provisions of this Code specifying that prosecution may not take place without the authority of the Government or by a person empowered by the Government, and 2. the provisions of any other statute or statutory instrument concerning prosecution of an act for which a punishment may be imposed only if the act is committed by a holder of an appointment or assignment as defined in the first paragraph. If a crime of taking a bribe has been committed by a person not covered by the first paragraph, a prosecutor may bring an action only if the crime is reported for prosecution by the employer or principal or if prosecution is called for in the public interest. Unless otherwise prescribed for a given case, a prosecutor may prosecute a breach of professional confidentiality existing for the benefit of an aggrieved person only if the latter reports the crime for prosecution or if prosecution is called for in the public interest. Prosecution for crimes committed in the exercise of the appointment or assignment by a Member of Parliament, Minister, Justice of the Supreme Court, Justice of the Supreme Administrative Court or holder of an appointment or assignment with the Parliament or its organs is subject to separate provisions. (Law 1977:103)

Misuse of Office in Sweden under

Section 2

Under Part Two, on Crimes, and Chapter 20, on Misuse of Office, etc., the Section 2 reads as follows: An employee who receives, accepts a promise of or demands a bribe or other improper reward for the performance of his duties, shall be sentenced for taking a bribe to a fine or imprisonment for at most two years. The same shall apply if the employee committed the act before obtaining the post or after leaving it. If the crime is gross, imprisonment for at most six years shall be imposed. The provisions of the first paragraph in respect of an employee shall also apply to: 1. a member of a directorate, administration, board, committee or other such agency belonging to the State, a municipality, county council, association of local authorities, parish, religious society, or social insurance office, 2. a person who exercises a assignment regulated by statute, 3. a member of the armed forces under the Act on Disciplinary Offences by Members of the Armed Forces, etc. (1986:644), or other person performing an official duty prescribed by Law, 4. a person who, without holding an appointment or assignment as aforesaid, exercises public authority, and 5. a person who, in a case other than stated in points 1-4, by reason of a position of trust has been given the task of managing another's legal or financial affairs or independently handling an assignment requiring qualified technical knowledge or exercising supervision over the management of such affairs or assignment. (Law 1993:207)

Misuse of Office in Sweden under

Sections 6-15

Under Part Two, on Crimes, and Chapter 20, on Misuse of Office, etc., the Sections 6-15 reads as follows: Repealed (Law 1975:667)

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