Perjury, False Prosecution and Other Untrue Statements

Perjury, False Prosecution and Other Untrue Statements in Europe

Perjury, False Prosecution and other Untrue Statements in Sweden

Perjury, False Prosecution and other Untrue Statements 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 perjury, false prosecution and other untrue statements and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 3

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 3 reads as follows: A person who commits an act, as described in Section 1 or 2, through gross carelessness, shall be sentenced for careless statement to a fine or imprisonment for at most six months.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 13

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 13 reads as follows: A person who denies his signature on a document, shall, if the act jeopardises proof, be sentenced for denial of signature to a fine or imprisonment for at most six months or, if the crime is gross, imprisonment for at most two years.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 11

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 11 reads as follows: A person who gives untrue information about his identity or about other than his own affairs in a certificate or other document, or for the sake of appearances prepares a document concerning a legal document shall, if the act jeopardises proof, be sentenced for false certification to a fine or imprisonment for at most six months. If the crime is considered gross because it involves misuse of official position or for other reasons, imprisonment for at most two years shall be imposed. A person who invokes or otherwise uses a false document referred to in the first paragraph, shall, if the act jeopardises proof, be sentenced, as there provided, for using a false document.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 10

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 10 reads as follows: A person who in a written deposition which according to law or statute is made under oath or on one's faith and honour or like affirmation, gives untrue information or withholds the truth, shall, if the act jeopardises proof, be sentenced for untrue affirmation to a fine or imprisonment for at most six months or, if the crime is gross, imprisonment for at most two years. If such action is due to gross carelessness, a sentence to a fine or imprisonment for at most six months shall be imposed for careless affirmation.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 12

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 12 reads as follows: A person who misuses a passport, certificate or similar document issued in the name of a given individual, by representing himself or another as being that individual or imparts the document to be thus misused, or if he imparts a false document, which has come into being as a carbon copy or photographic reproduction or otherwise, as being a correct copy of a certain document, shall, if the act jeopardises proof, be sentenced for misuse of document to a fine or imprisonment for at most six months or, if the crime is gross, to imprisonment for at most two years.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 8

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 8 reads as follows: A person who tampers with or removes evidence with the intent that an innocent person be convicted, or with such intent invokes false evidence, shall be sentenced for tampering with evidence to imprisonment for at most two years or, if the crime is petty, to a fine or imprisonment for at most six months. If the crime is gross, imprisonment for at least six months and at most four years shall be imposed.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 2

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 2 reads as follows: A person who, during a hearing in court proceedings, after declaring that he will tell the truth gives untrue information or withholds the truth, shall be sentenced for untrue statement by a party to imprisonment for at most two years or, if the crime is petty, to a fine or imprisonment for at most six months.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 14

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 14 reads as follows: A person who, having incurred criminal responsibility under the previous provisions of this Chapter, has voluntarily and before considerable inconvenience has arisen, corrected the mistake or by other means averted the risk of further inconvenience may be sentenced to a less severe punishment than is provided for the act. If the risk was slight and a punishment not exceeding six months imprisonment is provided for the act, no punishment shall be imposed.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 7

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 7 reads as follows: A person who, in a case other than as provided for in Section 6, untruthfully charges another before a public prosecutor, police authority or other authority, with a criminal act, alleges some compromising circumstance, or denies an exonerating or extenuating circumstance, shall, if the authority is bound to receive reports of this kind, be sentenced for false incrimination to imprisonment for at most two years or, if the crime is petty, to a fine or imprisonment for at most six months. If the accused did not realise but had reasonable grounds for assuming that the information was untrue, he shall be sentenced for careless incrimination to a fine or imprisonment for at most six months.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 1

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 1 reads as follows: A person who, under legal oath, gives untrue information or withholds the truth, shall be sentenced for perjury to imprisonment for at most four years or, if the crime is petty, to a fine or imprisonment for at most six months. If the crime is gross, imprisonment for at least two and at most eight years shall be imposed. In assessing whether the crime is gross, special attention shall be paid to whether it was done with the intent that an innocent person be convicted of a serious crime or that very considerable harm was done to someone. (Law 1975:1292)

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 5

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 5 reads as follows: If a person institutes the prosecution of an innocent person with the intent that the latter be convicted, a sentence shall be imposed for false prosecution to imprisonment for at most two years or, if the crime was petty, to a fine or imprisonment for at most six months. If the crime is gross, imprisonment for at least six months and at most four years shall be imposed. In assessing whether the crime is gross, special attention shall be paid to whether the prosecution related to a serious crime or involved misuse of an official position. A person who institutes prosecution without probable cause for so doing shall be sentenced for unjustified prosecution to a fine or imprisonment for at most six months.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 4b

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 4b reads as follows: If a witness or expert under oath before the Court of Justice of the European Communities, before the Court of First Instance of that Court or before the European Free Trade Area Court (the EFTA Court), gives untrue information or withholds the truth, a sentence for untrue statement before an international court shall be imposed in accordance with Section 1, provided the statement would have been given under legal oath in this Realm. If the act is committed through gross carelessness, a sentence for careless statement before an international court shall be imposed in accordance with Section 3. The applicable parts of the provisions of Sections 4, 14 and 15 shall also apply to an act described in the first paragraph. (Law 1995:316)

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 9

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 9 reads as follows: If person not being liable to punishment under previous provisions in this Chapter has by any act there described given rise to a danger that someone, without legal cause, be sentenced or otherwise suffer considerable harm, and if once having realised this, neglects to do what can be reasonably required to avert the harm, he shall be sentenced for neglect to avert judicial error to a fine or imprisonment for at most six months.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 6

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 6 reads as follows: If someone denounces an innocent person for prosecution with the intent that such person be convicted, a sentence shall be imposed for false accusation to imprisonment for at most two years or, if the crime is petty, to a fine or imprisonment for at most six months. If the accused did not realise, but had reasonable grounds for assuming, that the person denounced was innocent, a sentence shall be imposed for unjustified accusation to a fine or imprisonment for at most six months.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 4

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 4 reads as follows: No punishment shall be imposed if a statement described in Sections 1-3 is proved to be without significance for the issue. The foregoing shall also apply if a person has given untrue information or has withheld the truth with regard to something about which he would have had the right to refuse to express himself and the circumstances furnish him with a reasonable excuse.

Perjury, False Prosecution and other Untrue Statements in Sweden under

Section 15

Under Part Two, on Crimes, and Chapter 15, on Perjury, False Prosecution and Other Untrue Statements, the Section 15 reads as follows: Punishment shall be imposed in accordance with the provisions of Chapter 23 for preparation to commit perjury or conspiracy to commit perjury involving efforts to instigate such act, as well as attempt to tamper with evidence. If the crime, had it been completed, would have been regarded as petty, no punishment as here provided shall be imposed.

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