Criminal Code Sweden

[Michele Firmasyah]

ΤheSwedish government will set up an inquiry to review the Swedish criminal code, which, while created in 1964, has not undergone a major reform since the late 1980s. [Shutterstock/Roland Magnusson]

Last spring, the Swedish Prison and Probation Service submitted a report to the Swedish government on how many new prison places would be needed under the new right-wing government and its far-right ally in parliament.

There are currently about 4,500 permanent prison places in Sweden. According to the current expansion plan, there will be 7,500 by 2032, but new estimates suggest that up to 12,400 places may be needed.

On July, 1, 2023, a new provision criminalizing the act of involving minors in criminal activity (involverande av en under\u00e5rig i brottslighet) entered into force in Sweden. The amendment (2023:257) to the Swedish Criminal Code makes it illegal to involve a person younger than 18 years old (a minor) in a criminal act and punishes involving them with up to four years\u2019 imprisonment. Specifically, the provision reads: \u201cA person who hires, pays, instructs, or hands over property, for a crime or criminal activity, to a person who has not turned 18 years old and thereby, or in a similar manner, involves him or her in a crime or criminal activity, is to be convicted of [the crime of] involving a minor in criminal activity and sentenced to imprisonment of no more than four years.\u201d (16 ch. 5a \u00a7 Criminal Code (SFS 1962:700).) The provision also criminalizes involving a minor when the instigator was unaware of the minor\u2019s age if the instigator was negligent in not finding out the minor\u2019s age. In cases where the age difference between the victim and perpetrator is slight, the perpetrator must not be convicted. (16 ch. 5a \u00a7.)

The new provision goes further than the provision in chapter 4, section 1a of the criminal code, which criminalizes the exploitation of a person in furthering a crime, in that the conviction for that crime required that the victim be coerced or otherwise threatened into stealing or committing similar crimes or be put in a \u201cvulnerable position\u201d (utsatta bel\u00e4genhet) in a way that constitutes an \u201cemergency for the victim\u201d (n\u00f6dl\u00e4ge f\u00f6r den utsatte). The new legislation also covers cases where the minor willingly and without being in a vulnerable situation commits crimes at the direction of an adult. Moreover, the provision makes it a stand-alone crime to involve a young person in criminal activity, as compared to chapter 29, section 2(5) of the criminal code, which provides that involving another person in a crime may affect the sentencing for that specific crime \u2014 for example, involving an underage person in robbery could affect the sentencing of the adult for the crime of robbery.

During the legislative process, the Council on Legislation (Lagr\u00e5det), which comments on legislation, asked what the legislator meant by \u201ccriminal activity.\u201d Specifically, the law council questioned if running general errands for criminal gangs, thereby enabling the gang\u2019s criminal activity, was illegal, or if \u201ccriminal activity\u201d referred only to activities that themselves were illegal. It appears this question will be settled by the courts, as no change to the wording of the provision was made following the council\u2019s comment.

On August 31, 2023, the public prosecutor in Link\u00f6ping was the first to prosecute a person for violating the new provision, bringing the case at the District Court in Link\u00f6ping. The case involves a 22-year-old male who involved two minors in criminal activity by instructing them to store illegal narcotics in their home and to communicate with buyers of the narcotics. (Link\u00f6ping District Court, Case No. B 3093-23.)

Publications of the Library of Congress are works of the United States Government as defined in the\u00a0United States Code 17 U.S.C. \u00a7105\u00a0and therefore are not subject to copyright and are free to use and reuse.\u00a0 The Library of Congress has no objection to the international use and reuse of Library U.S. Government works on\u00a0loc.gov. These works are also available for worldwide use and reuse under CC0 1.0 Universal.\u00a0

On August 31, 2023, the public prosecutor in Linkping was the first to prosecute a person for violating the new provision, bringing the case at the District Court in Linkping. The case involves a 22-year-old male who involved two minors in criminal activity by instructing them to store illegal narcotics in their home and to communicate with buyers of the narcotics. (Linkping District Court, Case No. B 3093-23.)

Publications of the Library of Congress are works of the United States Government as defined in the United States Code 17 U.S.C. 105 and therefore are not subject to copyright and are free to use and reuse. The Library of Congress has no objection to the international use and reuse of Library U.S. Government works on loc.gov. These works are also available for worldwide use and reuse under CC0 1.0 Universal.

Hofverberg, E. (2023) Sweden: Law Criminalizing Recruitment of Children into Criminal Activity Enters into Force. [Web Page] Retrieved from the Library of Congress, -legal-monitor/2023-09-11/sweden-law-criminalizing-recruitment-of-children-into-criminal-activity-enters-into-force/.

Explore the most recent data on the drug situation in Europe provided by the EU Member States. These datasets underpin the analysis presented in the agency's work. Most data may be viewed interactively on screen and downloaded in Excel format.

We have developed a systemic approach that brings together the human networks, processes and scientific tools necessary for collecting, analysing and reporting on the many aspects of the European drugs phenomenon.

On this page you can examine and compare the penalties, or rehabilitative responses, for the core offences of drug use, possession for personal use, and supply-related offences, across countries in Europe. It also allows you to see how those penalties vary according to the type or quantity of the drug, and the addiction or recidivism of the offender.

Last updated: 16 February 2024.

A person who has voluntarily applied to a relevant medical organisation for medical assistance in connection with drug use shall be released from administrative liability. Code on Administrative Offenses, art. 442

The penalty for the use of narcotic (not psychotropic) drugs, except herbal cannabis, is an administrative fine of 500 GEL, or in exceptional cases, administrative detention for up to 15 days. Administrative Offences Code, art. 45(2).

Drug use, by a person who has previously been convicted of any drug related offences, is punishable by imprisonment for up to 1 year or a fine or 120 to 180 hours community service. Criminal Code, art. 273.

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