NCJ Number
57434
Journal
Bulletin on Narcotics Volume: 29 Issue: 3 Dated: (JULY-SEPTEMBER 1977) Pages: 1-20
Date Published
1977
Length
20 pages
Annotation
NOTING THAT SWEDEN HAS RATIFIED ALL MAJOR INTERNATIONAL DRUG CONTROL CONVENTIONS, THIS ARTICLE EMPHASIZES THAT DOMESTIC SWEDISH DRUG LAWS MORE THAN FULFILL THE REQUIREMENTS IMPOSED BY THE MULTILATERAL COVENANTS.
Abstract
SWEDISH DRUG LAWS ARE EMBODIED IN THE NARCOTICS PENAL ACT AND THE NARCOTICS REGULATION WHICH COVERS THE NONPENAL ASPECTS OF NARCOTICS CONTROL. THE DRUG PROBLEM ITSELF IN SWEDEN IS REFLECTED IN THE INCREASE IN THE NUMBER OF CONVICTIONS FOR DRUG OFFENSES--6 CONVICTIONS IN 1954 COMPARED WITH 2,586 IN 1975. THE THREE INTERNATIONAL AGREEMENTS SWEDEN ADHERES TO ARE THE 1961 AND 1971 CONVENTIONS FOR THE SUPPRESSION OF THE ILLICIT TRAFFIC IN DANGEROUS DRUGS AND THE 1972 PROTOCOL, WHICH ESTABLISHED A MINIMUM DEGREE OF CRIMINAL PROSECUTION FOR DRUG RELATED OFFENSES AND ALLOWS INTERPRETATION BY EACH PARTICIPATING STATE. FOR EXAMPLE, THEY RECOMMEND THAT PUNISHABLE OFFENSES BE TREATED AS SUCH ONLY IF COMMITTED INTENTIONALLY AND IF THEIR TREATMENT AS PUNISHABLE OFFENSES IS NOT CONTRARY TO THE CONSTITUTION OF THE STATE INVOLVED. HOW SWEDEN DEFINES PUNISHABLE OFFENSES, SUCH AS DOLUS INDIRECTUS, DOLUS DIRECTUS, OR DOLUS EVENTUALIS, IS OUTLINED IN ACCORDANCE WITH THE SPECIFICATIONS ENUMERATED IN THE THREE CONVENTIONS. IN GENERAL, A LARGE NUMBER OF LESS SERIOUS OFFENSES ARE NOT PROSECUTED. THE TREATMENT OF CERTAIN ACTIONS AS PUNISHABLE OFFENSES IS CONNECTED TO DOMESTIC RULES CONCERNING JURISDICTION, WHEREBY BOTH SWEDISH AND INTERNATIONAL INTERESTS ARE PROTECTED WHEN JURISDICTION IS IMPLEMENTED. THE SWEDISH NARCOTICS PENAL ACT DISTINGUISHES BETWEEN THREE GRADES OF SERIOUSNESS OF DRUG OFFENSES: (1) 'NORMAL,' OFFENSES PUNISHABLE BY FINES OR IMPRISONMENT FOR NOT MORE THAN TWO YEARS; (2) 'PETTY' OFFENSES, PUNISHABLE BY FINES ONLY, AND (3) 'GRAVE' OFFENSES, PUNISHABLE BY IMPRISONMENT FOR BETWEEN ONE AND TEN YEARS. THE THREE CONVENTIONS DO NOT OBLIGE STATES TO SEIZE OR CONFISCATE DRUGS, SUBSTANCES OR EQUIPMENT; HOWEVER, IN SWEDISH LAW, SUCH CONFISCATIONS ARE GRANTED BY THE NARCOTICS PENAL ACT AND THE SMUGGLING PENAL ACT. IN MATTERS OF EXTRADITION, SWEDEN ADHERES TO THE 1957 EXTRADITION ACT, WHICH STATES, AMONG OTHER CONDITIONS, THAT EXTRADITION MUST NOT TAKE PLACE FOR AN OFFENSE IF THE CORRESPONDING OFFENSE IN SWEDISH PENAL LAW CANNOT BE PUNISHED BY IMPRISONMENT OF MORE THAN ONE YEAR. IN ALL CASES, IT IS CONCLUDED, THE RULES OF THE THREE INTERNATIONAL CONVENTIONS ON DRUGS ARE OFTEN OF LIMITED LEGAL WEIGHT BECAUSE OF VARIOUS ESCAPE CLAUSES IN THE TEXT, BUT SWEDISH PENAL RULES FULFILL THE REQUIREMENTS IMPOSED AND IN SOME CASES GO EVEN FURTHER THAN REQUIRED. BIBLIOGRAPHY AND REFERENCES ARE PROVIDED. (MHP)