NCJ Number
149067
Date Published
1994
Length
4 pages
Annotation
This paper explains Swedish law on sentencing and aspects of each type of general sanction.
Abstract
A sanction in Sweden's Penal Code means the punishments of fines, imprisonment, conditional sentence, probation, and surrender to special care. Imprisonment is the most severe sentence. Courts are required to give due regard to the need for uniform sentencing according to the penal value of the crime or crimes. Special consideration is to be given to both aggravating and mitigating circumstances. These circumstances are detailed in the Code. The court must give special heed to circumstances that argue for a less severe sanction than imprisonment. There are two main types of fines: day fines and summary fines. Day fines are related to the defendant's income, and summary fines are used primarily for minor traffic offenses. Imprisonment may be for from 14 days to 10 years or life. With multiple offenses, the period may be extended by 4 years, and with certain severe repeated crimes, imprisonment may be for up to 16 years. The conditional sentence is a penal warning. No other sanction is imposed on condition that no further offenses are committed during a 2-year probationary period. Should a crime be committed within that period, the previous offense may be taken into account in sentencing. Probation may be ordered for offenses for which fines are insufficient. It can also be combined with at most 200 day fines or with imprisonment for at least 14 days and at most 3 months. Under certain conditions, the court may decide to surrender an offender for special care because of substance abuse or for special care by the social welfare services, the psychiatric services, or certain other authorities. Juveniles under the age of 15 cannot be sentenced to sanctions. 1 table and 1 figure