Penal Sanctions

Penal Sanctions in Europe

Enforcing Penal Sanctions Against Innocent Persons in Germany

Provisions relating to enforcing penal sanctions against innocent persons in the German Criminal Code [1]: This criminal issue is covered by Chapter Thirty, under the heading “Offences Committed in Public Office,” located in Section 345 Enforcing penal sanctions against innocent persons, which reads: (1) Whosoever as a public official involved in the enforcement of a sentence of imprisonment, a custodial measure of rehabilitation and incapacitation or detention by a public authority enforces such a sentence, measure or detention although it may not by law be enforced shall be liable to imprisonment from one to ten years, in less serious cases to imprisonment from three months to five years. (2) If the offender acts grossly negligently the penalty shall be imprisonment not exceeding one year or a fine. (3) Whosoever as a public official involved in the enforcement of a sentence or a measure (section 11 (1) No 8) other than in cases under subsection (1) above enforces a sentence or measure although it may not by law be enforced shall be liable to imprisonment from three months to five years. Whosoever as a public official involved in the enforcement of 1. juvenile detention; 2. a summary fine or ancillary order under the law on summary offences; 3. a fine or detention for disobedience of a judicial order; or 4. a disciplinary proceeding, disciplinary court or professional disciplinary court proceeding, enforces such a sanction although it may not by law be enforced shall incur the same penalty. The attempt shall be punishable.

Penal Sanctions in Sweden

Under Chapter 2, with the heading “Fundamental rights and freedoms,” of the Instrument of Government (part of the Swedish Constitution), Article 10 provides the following: No penalty or penal sanction may be imposed in respect of an act which was not subject to a penal sanction at the time it was committed. Nor may any penal sanction be imposed which is more severe than that which was in force when the act was committed. The provisions thus laid down with respect to penal sanctions apply in like manner to forfeiture and other special legal effects attaching to a criminal act. No taxes or charges due the State may be exacted except inasmuch as this follows from provisions which were in force when the circumstance arose which occasioned the liability for the tax or charge. Should the Riksdag find that special reasons so warrant, it may however provide under an act of law that taxes or charges due the State shall be exacted even although no such act had entered into force when the aforementioned circumstance arose, provided the Government, or a committee of the Riksdag, had submitted a proposal to this effect to the Riksdag at the time concerned. A written communication from the Government to the Riksdag announcing the forthcoming introduction of such a proposal is equated with a formal proposal. The Riksdag may furthermore prescribe that exceptions shall be made to the provisions of sentence one if it considers that this is warranted on special grounds connected with war, the danger of war, or grave economic crisis. The Instrument of Government (SFS nr: 1974:152) contains the basic principles of Swedens form of government: how the Government in Sweden has to work, the fundamental freedoms and rights of the Swedish people and how elections to the Riksdag (Swedish parliament) are to be implemented. The adoption in 1974 of the Instrument of Government currently in force, including the provisions related to penal sanctions, meant a considerable reduction in the powers of the monarchy.

Resources

Notes

  1. The content of the translated German penal code in relation to enforcing penal sanctions against innocent persons is current as of 2010

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