Provisions on Concurrence of Crimes and Change of Sanction

Provisions on Concurrence of Crimes and Change of Sanction in Europe

Provisions on Concurrence of Crimes and Change of Sanction in Sweden

Provisions on Concurrence of Crimes and Change of Sanction 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 provisions on concurrence of crimes and change of sanction and on most of the acts

that constitute crimes in Sweden. The provisions on other crimes

are to be found in special legislation.

Provisions on Concurrence of Crimes and Change of Sanction in Sweden under

Section 1

Under Part Three, on Sanctions, and Chapter 34, Certain Provisions, on Concurrence of Crimes and Change of Sanction, the Section 1 reads as follows: If a person who has been sentenced for a crime to imprisonment, conditional sentence, probation or closed juvenile care is found to have committed another crime prior to the sentence, or commits a new crime subsequent to the sentence but before the sanction has been fully implemented or has been otherwise terminated, the court may, with due regard to what is provided in Sections 2-7 concerning certain cases, and the particular circumstances: 1. order that the earlier sanction imposed shall also apply to the second crime, 2. sentence separately to a sanction for that crime, or, 3. if the earlier sentence has acquired final legal force, revoke the sanction imposed by it and impose a different kind of sanction for the crimes. If probation has been combined with imprisonment in accordance with the provisions of Chapter 28, Section 3, the imprisonment so imposed shall be considered to be a part of the probation when applying the provisions of this Chapter. (Law 1998:604)

Provisions on Concurrence of Crimes and Change of Sanction in Sweden under

Section 11

Under Part Three, on Sanctions, and Chapter 34, Certain Provisions, on Concurrence of Crimes and Change of Sanction, the Section 11 reads as follows: If a sentence to life imprisonment is to be enforced concurrently with a sentence to a fine, imprisonment as conversion of a fine, imprisonment for a fixed period, a conditional sentence, probation or closed juvenile care, the sentence to life imprisonment shall supplant the other sanction. If a sentence to imprisonment for a fixed term of at least two years or to closed juvenile care for at least two years is to be enforced concurrently with a sentence to a fine or imprisonment as conversion of a fine imposed before the enforcement of the aforementioned sanctions has been commenced, the aforementioned imprisonment or sentence to closed juvenile care shall supplant the other sanction. (Law 1998:604).

Provisions on Concurrence of Crimes and Change of Sanction in Sweden under

Section 10

Under Part Three, on Sanctions, and Chapter 34, Certain Provisions, on Concurrence of Crimes and Change of Sanction, the Section 10 reads as follows: If in application of Section 1, point 1, by a sentence which has acquired final legal force, imprisonment, a conditional sentence, probation or closed juvenile care imposed in an earlier sentence has been deemed to cover further crime and, if the earlier sentence is changed by a higher court by a judgement which acquires final legal force, the question of a sanction for the said crime shall, following notification by a prosecutor, be reconsidered by the court. This also applies when a sanction has been decided on under the provisions of Section 3, second paragraph or Section 7, second paragraph and the earlier sanction has been changed. If it is found when a sentence to imprisonment for a fixed term or closed juvenile care is to be enforced that the sentenced person committed the crime before the enforcement of a sanction to which he was sentenced for another crime has begun and if it does not appear from the judgements that the latter sanction has been taken into consideration, the court, once the sentences have acquired final legal force, shall, following notification by the prosecutor and in application of the provisions of Section 3, second paragraph or Section 7, second paragraph, determine the punishment the sentenced person shall under go as a result of the sentence which is the last to be implemented. (Law 1998:604).

Provisions on Concurrence of Crimes and Change of Sanction in Sweden under

Section 4

Under Part Three, on Sanctions, and Chapter 34, Certain Provisions, on Concurrence of Crimes and Change of Sanction, the Section 4 reads as follows: If Section 1, points 1 or 2 are applied with respect to a person conditionally released from imprisonment, the conditionally granted liberty or part thereof shall be declared forfeited if the crime was committed during the probationary period if no special reasons argue against. The court may consider as special reasons for not declaring the conditionally granted liberty forfeited or declaring only a portion forfeited: 1 whether the new criminality when compared with the earlier criminality is of lesser character; 2 whether a long time has elapsed between the crimes, or 3 whether a forfeiture appears unreasonable. Should forfeiture not be declared in accordance with the first paragraph, the court may decide on a measure provided for under Chapter 26, Section 18 or prolong the probationary period by at most one year beyond the time that follows from the provisions of Chapter 26, Section 10. A measure in accordance with the third paragraph may be decided on only before the end of the probationary period. Forfeiture may be decided on only where the question arises in connection with a case in which the conditionally released person has been remanded in custody or received notice of prosecution within one year from the end of the probationary period. (Law 1998:604)

Provisions on Concurrence of Crimes and Change of Sanction in Sweden under

Section 2

Under Part Three, on Sanctions, and Chapter 34, Certain Provisions, on Concurrence of Crimes and Change of Sanction, the Section 2 reads as follows: If the offender is serving life imprisonment, only an order in accordance with Section 1, point 1 may be made.

Provisions on Concurrence of Crimes and Change of Sanction in Sweden under

Section 3

Under Part Three, on Sanctions, and Chapter 34, Certain Provisions, on Concurrence of Crimes and Change of Sanction, the Section 3 reads as follows: If the prior sentence to imprisonment is for a fixed term, an order in accordance with Section 1, point 1 may be made only if it is obvious that, so far as a sanction is concerned, the new crime compared with the earlier one is of no appreciable importance, or else that there are extraordinary reasons for so doing. If in applying Section 1, point 2 a punishment is imposed for a crime committed before the implementation of the earlier sentence has begun, all possible care shall be taken when determining the punishment that the combined punishments do not exceed what could have been imposed for the two crimes under the provisions of Chapter 26, Section 2, and in so doing a less severe punishment than that provided for the crime may be imposed. The revocation of imprisonment in conformity with Section 1 point 3 may occur only if judgement is pronounced before the punishment has been fully enforced.

Provisions on Concurrence of Crimes and Change of Sanction in Sweden under

Section 6

Under Part Three, on Sanctions, and Chapter 34, Certain Provisions, on Concurrence of Crimes and Change of Sanction, the Section 6 reads as follows: If the sanction previously imposed was probation, the court may, in applying the provisions of Section 1, point 1, and if the penal value or nature of the new crime, or the offender's previous criminality so require, also sentence to day-fines, at most two hundred, regardless of whether a fine is the prescribed punishment for the crime in question or not. If it is necessary for the court to be able to make use of Section 1, point 1 instead of revoking the probation in accordance with Section 1, point 3 and sentence to imprisonment, the court may, if such special reasons exist as are given in Chapter 30, Section 9, second paragraph point 4, decide that the probation shall be combined with an order on community service. If such a condition is ordered, the court shall apply the provisions of Chapter 28, Section 2a, second paragraph. If imprisonment is the punishment provided for the new crime, and if, having regard to the provisions of Chapter 30, Section 11, the provisions of Section 1, point 1 cannot be applied unless such an order be combined with deprivation of liberty, the court may, instead of sentencing to a fine, impose imprisonment in accordance with the provisions of Chapter 28, Section 3. If the provisions of Section 1, point 1 or 2 are applied, the court may decide on a measure provided for in Chapter 28, Section 9, or prolong the probationary period for at most five years. If the sentenced person has under taken to follow a treatment plan in accordance with the provisions of Chapter 30, Section 9, second paragraph, point 3, the provisions of Chapter 28, Section 6a, shall be applied. If the accused is sentenced to imprisonment under the provisions of Section 1, point 3, the court, when deciding on the length of the punishment, shall make reasonable allowance for what he may have under gone in consequence of the sentence to probation and to the time served of any imprisonment to which he was sentenced under the first paragraph of this Section or Chapter 28, Section 3, and to any fine to which he may have been sentenced under the provisions of the first paragraph of this Section or of Chapter 28, Section 2. In cases here described, imprisonment may be imposed for a shorter period than is provided for the crime. If the information described in Chapter 28, Section 6 a, first paragraph, has been stated in the sentence, due regard shall be paid to this when deciding on the length of the punishment if imprisonment is imposed. A sentence to imprisonment under the provisions of the third paragraph may not be imposed, nor may a decision under the provisions of the second paragraph, a decision under the provisions of the fourth paragraph or a decision on revocation of probation, be taken other than in a case in which the sentenced person has been remanded in custody or received notice of prosecution before the end of the probationary period. (Law 1998:604)

Provisions on Concurrence of Crimes and Change of Sanction in Sweden under

Sections 14-17

Under Part Three, on Sanctions, and Chapter 34, Certain Provisions, on Concurrence of Crimes and Change of Sanction, the Sections 14-17 reads as follows: Repealed (Law 1975:667)

Provisions on Concurrence of Crimes and Change of Sanction in Sweden under

Section 8

Under Part Three, on Sanctions, and Chapter 34, Certain Provisions, on Concurrence of Crimes and Change of Sanction, the Section 8 reads as follows: Repealed (Law 1979:680)

Provisions on Concurrence of Crimes and Change of Sanction in Sweden under

Section 12

Under Part Three, on Sanctions, and Chapter 34, Certain Provisions, on Concurrence of Crimes and Change of Sanction, the Section 12 reads as follows: Repealed (Law 1979:680)

Provisions on Concurrence of Crimes and Change of Sanction in Sweden under

Section 9

Under Part Three, on Sanctions, and Chapter 34, Certain Provisions, on Concurrence of Crimes and Change of Sanction, the Section 9 reads as follows: Repealed (Law 1981:211)

Provisions on Concurrence of Crimes and Change of Sanction in Sweden under

Section 13

Under Part Three, on Sanctions, and Chapter 34, Certain Provisions, on Concurrence of Crimes and Change of Sanction, the Section 13 reads as follows: Repealed (Law 1981:211)

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