Probation

Probation in Europe

Probation in Sweden

Probation 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 probation and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Probation in Sweden under

Section 1

Under Part Three, on Sanctions, and Chapter 28, on Probation, the Section 1 reads as follows: A sentence of probation may be imposed for a crime for which the sanction of a fine is considered inadequate. (Law 1988:942)

Probation in Sweden under

Section 10

Under Part Three, on Sanctions, and Chapter 28, on Probation, the Section 10 reads as follows: Chapter 34 contains provisions on the revocation of probation and certain other measures when the probationer is found to have committed another crime.

Probation in Sweden under

Section 5a

Under Part Three, on Sanctions, and Chapter 28, on Probation, the Section 5a reads as follows: If the conditional sentence has been combined with community service, the sentenced person shall carry out the community service in accordance with the plan of work that has been drawn up by the local prison and probation administration. If it appears necessary that the sentenced person shall be under supervision until the community service has been completed, a supervision board may decide on such supervision for a certain period after one year of the probationary period has elapsed, but for not longer than the end of the probationary period. (Law 1998:604)

Probation in Sweden under

Section 8

Under Part Three, on Sanctions, and Chapter 28, on Probation, the Section 8 reads as follows: If the sentenced person seriously neglects his obligations and it can be presumed that the measures which can be taken by the supervision board will have no effect, the board shall request the prosecutor to bring the matter before a court and demand that the probation order be revoked. The matter may also be brought before a court without a request from the board if the probationer, in a case subject to the provisions of Section 6a, first paragraph, seriously neglects the obligations incumbent upon him in accordance with the treatment plan. The court proceedings mentioned in this Section shall be instituted before the expiry of the probationary period. (Law 1988:942)

Probation in Sweden under

Section 6b

Under Part Three, on Sanctions, and Chapter 28, on Probation, the Section 6b reads as follows: In a case falling under Section 6a, the court may order that the person sentenced, if remanded in custody in connection with the trial, shall instead be appropriately detained until he has been transferred to the treatment establishment or person providing the treatment stated in the treatment plan. The taking in charge may not last longer than one week. (Law 1992:373)

Probation in Sweden under

Section 6a

Under Part Three, on Sanctions, and Chapter 28, on Probation, the Section 6a reads as follows: In cases covered by Chapter 30, Section 9, second paragraph, point 3, the court shall, if the planned treatment is of decisive importance for the decision to sentence to probation, state in its judgement what would have been the length of imprisonment had imprisonment been chosen as the sanction. In addition, in such cases, the judgement shall always state the conditions applicable to the treatment plan that the probationer has under taken to follow. In connection with such a treatment plan, a condition may be imposed that whoever is responsible for the treatment shall report to the local prison and probation administration and a public prosecutor if the probationer seriously neglects the obligations stated in. (Law 1998:604)

Probation in Sweden under

Section 2

Under Part Three, on Sanctions, and Chapter 28, on Probation, the Section 2 reads as follows: Probation may be combined with day-fines, at most two hundred, regardless of whether a fine is prescribed for the crime or not. (Law 1991:240)

Probation in Sweden under

Section 3

Under Part Three, on Sanctions, and Chapter 28, on Probation, the Section 3 reads as follows: Probation may be combined with imprisonment for at least fourteen days and at most three months. If the court imposes imprisonment and probation, it shall not impose a fine in accordance with Section 2 or a condition of community service. The court may order the commencement of a sentence of imprisonment if the circumstances call for this course of action notwithstanding the fact that the judgement has not acquired final legal force. (Law1998:604)

Probation in Sweden under

Section 2a

Under Part Three, on Sanctions, and Chapter 28, on Probation, the Section 2a reads as follows: Probation may be combined, if the accused consents, with a condition of community service. Such a condition shall prescribe an obligation to carry out unpaid work for at least forty hours and at most two hundred and forty hours. When the court decides on a condition of community service it shall state in its judgement what length of imprisonment would have been imposed if imprisonment has been chosen as the sanction. Where there is reason to do so, a condition of community service may be modified or ended by a supervision board. (Law 1998:604)

Probation in Sweden under

Section 5

Under Part Three, on Sanctions, and Chapter 28, on Probation, the Section 5 reads as follows: Probation shall be combined with supervision from the date of the sentence. The court may, however, direct that the supervision be deferred until the sentence has acquired final legal force against the sentenced person. If the sentence is appealed against, a higher court may direct that further implementation shall not occur. Supervision shall be discontinued without any special order after one year of the probationary period has elapsed unless another outcome is entailed as a consequence of the fourth paragraph or Section 5a, 7 or 9. If implementation has been interrupted by decision of a higher court but the accused is nevertheless thereafter sentenced to probation, the period during which implementation did not take place shall not be counted in the probationary period or in the period stated in the second paragraph. If probation has been combined with a planned treatment which the offender has under taken to follow, the court, may order in the sentence that the period of supervision be longer than that prescribed in the second paragraph. Such a period shall not, however, be longer than the time required for completion of the treatment and shall not exceed the probationary period. (Law 1987:761)

Probation in Sweden under

Section 4

Under Part Three, on Sanctions, and Chapter 28, on Probation, the Section 4 reads as follows: Probation shall continue for a probationary period of three years from the date on which the implementation of the sanction commences. (Law 1983:240)

Probation in Sweden under

Section 6

Under Part Three, on Sanctions, and Chapter 28, on Probation, the Section 6 reads as follows: The provisions of Chapter 26, Sections 12-17, shall be applicable in corresponding fashion to a person sentenced to probation. The court shall, however, appoint a supervisor in its judgement unless special reasons argue against. In addition, the court may also impose conditions in accordance with the provisions of Chapter 26, Section 15, first to third paragraphs and Chapter 27, Section 5, second paragraph. The supervision board may amend or terminate conditions of the latter kind if there are reasons for so doing. (Law 1993:209)

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