OECD Integrity Review of Sweden

Annex B. Corruption offences in Sweden’s Criminal Code

Annex Table 1. Chapter 10 of the Criminal Code

Section	Offence / subject	Provision
Section 1	Embezzlement	A person who, having come into possession of property on behalf of another person due to an agreement, public or private employment or a similar position, with an obligation to surrender the property or account for it, disregards what they have to comply with in order to fulfil their obligation, either by acquiring the property or in some other way, is, if the act involves gain for the perpetrator and loss for the person entitled to the property, guilty of embezzlement and is sentenced to imprisonment for at most two years.
Section 2	Minor embezzlement	If an offence referred to in Section 1 is considered minor in view of the value of the property embezzled and other circumstances associated with the offence, the person is guilty of minor embezzlement and is sentenced to a fine or imprisonment for at most six months. Act 2017:442.
Section 3	Gross embezzlement	If an offence referred to in Section 1 is considered gross, the person is guilty of gross embezzlement and is sentenced to imprisonment for at least six months and at most six years. When assessing whether the offence is gross, particular consideration is given to whether the perpetrator abused a position of responsibility, or used an instrument or something else whose use is punishable under Chapter 14 or 15 or misleading accounting, or whether the act was otherwise of a particularly dangerous nature, concerned considerable value or involved an exceptionally painful loss. Act 2017:442.
Section 4	Unlawful disposal	A person who, in cases other than those referred to in Section 1, 2 or 3, takes a measure involving property that they have in their possession but of which the right of ownership or security is reserved for or guaranteed to, or in some other way due to, another person, whereby the other person is dispossessed of the property or deprived of their right in some other way, is guilty of unlawful disposal and is sentenced to a fine or imprisonment for at most one year. If the offence is gross, the person is guilty of gross unlawful disposal and is sentenced to imprisonment for at least six months and at most four years. When assessing whether the offence is gross, particular consideration is given to whether the act concerned considerable value or involved an exceptionally painful loss or was of a particularly dangerous or ruthless nature. Act 2017:442.
Section 5	Breach of trust	A person who, on account of a position of trust, has been given the task, on behalf of someone else, of managing a financial matter or independently handling a task requiring qualified technical knowledge or monitoring the management of such a matter or task and abuses their position of trust and thereby causes a loss for their principal, is guilty of breach of trust and is sentenced to a fine or imprisonment for at most two years. This provision does not apply if the act is punishable under Sections 1–3. If the offence is gross, the person is guilty of gross breach of trust and is sentenced to imprisonment for at least six months and at most six years. When assessing whether the offence is gross, particular consideration is given to whether the principal suffered a considerable or exceptionally painful loss, whether the perpetrator used an instrument or something else whose use is punishable under Chapter 14 or 15 or misleading accounting, or whether the act was otherwise of a particularly dangerous nature. A person who has been given the task of managing a legal matter on behalf of someone else and abuses their position of trust to the detriment of their principal is guilty in accordance with the first paragraph, even if the matter is not of a financial or technical nature. Act 2017:442.
Section 5a	Taking a bribe	A person who is an employee or performing a commission, and receives, accepts a promise of, or requests an undue advantage for the performance of their employment or commission is guilty of taking of a bribe and is sentenced to a fine or imprisonment for at most two years. The same applies to a person who is a participant in or official at a competition about which public betting is arranged, and an undue advantage for their performance of tasks in the competition is involved. The first paragraph also applies if the act was committed before the perpetrator obtained a position referred to in that paragraph, or after that position had ended. A person who receives, accepts a promise of, or requests a benefit for someone other than themselves is also guilty of taking of a bribe under the first and second paragraphs. Act 2012:301.
Section 5b	Giving a bribe	A person who gives, promises or offers an undue advantage in cases referred to in Section 5a is guilty of giving of a bribe and is sentenced to a fine or imprisonment for at most two years. Act 2012:301.
Section 5c	Gross taking of a bribe, gross giving of a bribe	If an offence referred to in Section 5a or 5b is considered gross, the person is guilty of gross taking of a bribe or gross giving of a bribe and is sentenced to imprisonment for at least six months and at most six years. When assessing whether the offence is gross, particular consideration is given to whether the act involved abuse of or an attack on a position of particular responsibility, concerned considerable value or was part of criminal activities conducted systematically or on a large scale, or was otherwise of a particularly dangerous nature. Act 2012:301.
Section 5d	Trading in influence	In cases other than those referred to in Section 5a or 5b, a person is guilty of trading in influence and is sentenced to a fine or imprisonment for at most two years if they: 1. receive, accept a promise of or request an undue advantage to influence a decision or measure taken by someone else in the exercise of public authority or public procurement; or 2. give, promise or offer someone an undue advantage so that they will influence a decision or measure taken by someone else in the exercise of public authority or public procurement. Act 2012:301.
Section 5e	Negligent financing of bribery	A business operator who supplies money or other assets to a person representing the business operator in a particular matter and thereby, through gross negligence, promotes giving of a bribe, gross giving of a bribe or trading in influence under Section 5d, point 2 in the matter is guilty of negligent financing of bribery and is sentenced to a fine or imprisonment for at most two years. Act 2012:301.
Section 6	Abuse of authority	A person who, in cases not previously referred to in this Chapter, by abusing authority to take an action with legal consequences on behalf of another person, causes a loss to that person or, by abusing their authority to assert a promissory note or similar document, demands something to which another person is entitled is guilty of abuse of authority and is sentenced to a fine or imprisonment for at most two years. The same applies if a person demands payment in accordance with a document that has not been issued, or of a debt already settled, or demands the delivery of goods they have already received or, upon demand, cites a receipt that has not been issued.
Section 7	Unlawful use	A person who causes loss or inconvenience by unlawfully using something belonging to another person is guilty of unlawful use and is sentenced to a fine or imprisonment for at most one year. The same applies to a person who causes loss or inconvenience by unlawfully using a unit of real estate of which they are in possession, but to which some other person has a right of use or other right. If the offence is gross, the person is guilty of gross unlawful use and is sentenced to imprisonment for at least six months and at most four years. When assessing whether the offence is gross, particular consideration is given to whether the act was of a particularly dangerous or ruthless nature, concerned considerable value, or involved an exceptionally painful loss. Act 2017:442.
Section 8	Found property offence	A person who does not comply with the provisions of the law concerning the obligation to give notice of found property or an object belonging to another person that has come into their possession by error or chance, is guilty of a found property offence and is sentenced to a fine. If a person fails to fulfil this obligation with intent to acquire the property, or otherwise acts with the property in a way referred to in Section 4, what is prescribed in that Section applies.
Section 9	Attempt	Responsibility is assigned under Chapter 23 for attempting to commit embezzlement or breach of trust, and attempting, preparation or conspiracy to commit gross embezzlement or gross breach of trust. Responsibility is also assigned under Chapter 23 for preparation to commit gross giving of a bribe. Act 2016:508.
Section 10	Prosecution	The provisions of Chapter 8, Section 13 restricting the right of a prosecutor to bring a prosecution also apply to the offences referred to in this Chapter, except for gross embezzlement and gross breach of trust. A prosecution for minor embezzlement, unlawful disposal or unlawful use regarding movable property that came into the possession of the perpetrator through an agreement on the hire of the property or an agreement under which the ownership of the property is not to be transferred until payment has been made, or that the perpetrator otherwise has in their possession on account of a credit purchase subject to a right of repossession, may only be brought by a prosecutor if prosecution is called for in the public interest on special grounds. A prosecution for taking of a bribe, giving of a bribe, trading in influence and negligent financing of bribery may only be brought by a prosecutor if a prosecution is called for in the public interest. However, Chapter 20, Section 5 states that this restriction is not applicable in certain cases. Act 2017:442.

Source: Criminal Code of Sweden

Annex Table 2. Other relevant provisions

Section	Offence / subject	Provision
	Official misconduct	A person who, intentionally or through negligence when exercising public authority disregards their duties by action or omission is guilty of official misconduct and is sentenced to a fine or imprisonment for at most two years. Responsibility is not assigned if, in view of the perpetrator’s powers, or some other connection between the duties and the exercise of public authority, or other circumstances, the act is considered minor. If an offence referred to in the first paragraph was committed intentionally and is considered gross, the person is guilty of gross official misconduct and is sentenced to imprisonment for at least six months and at most six years. When assessing whether the offence is gross, particular consideration is given to whether the perpetrator seriously abused their position, or whether the act resulted in serious detriment or considerable undue advantage for an individual or the public. A person who is a member of a central or local government decision-making assembly is not subject to responsibility under the first or second paragraph for any measure that they take in this capacity. Nor are the provisions of the first and second paragraphs applied if the act is punishable under another provision. Act 1989:608.
Chapter 25 Section 1	Fines	Fines are imposed, in accordance with what is provided for the offence in question, in the form of day-fines, fixed fines or standardised fines. If no specific form of fines is provided for the offence, fines are imposed in the form of day-fines or, if the offence should result in a lower penalty than thirty day-fines, a fixed fine. Act 1993:201.
Chapter 25 Section 2	Calculating fines	Day-fines are set in a number of at least thirty and at most one hundred and fifty. Each day-fine is set at a specific amount from fifty to one thousand kronor, according to what is assessed as reasonable in view of the income, wealth, obligation to dependants and other financial circumstances of the accused. If there are special grounds, the amount of the day-fines may be adjusted. The minimum amount of the fines is seven hundred and fifty kronor. Act 2006:574.
Chapter 25 Section 3	Limits on fines	Fixed fines are set at no less than two hundred kronor and no more than four thousand kronor. However, if a lower maximum amount is specifically provided, it applies. Act 2006:574.
Chapter 25 Section 4	Standardised fines	Standardised fines are fines that, in accordance with what is provided for the offence, are set using a specific basis of calculation. The minimum amount is one hundred kronor. Act 1991:240.
Chapter 25 Section 5	Fines as a joint penalty for several offences	Fines may be used as a joint penalty for several offences, if every one of the offences can result in fines. If there are special grounds, the court may impose fixed fines for one or more offences for which such a sanction is provided, and at the same time impose a different form of fines for other offences. A joint penalty in the form of fines may not include an offence for which a standardised fine or a fine that may not be converted to imprisonment is provided. Act 1991:240.
Chapter 25 Section 6	Calculating joint penalty fines	Fines as a joint penalty for several offences are imposed in the form of day-fines if any of the offences should result in day-fines. As a joint penalty, day-fines may be set in a number of at most two hundred, and fixed fines may be set in an amount of at most ten thousand kronor. If a specific minimum fine is provided for any of the offences, the penalty may not be lower than it. Act 2006:574.
Chapter 25 Section 7	Revenue from fines	Fines accrue to the State. Act 1991:240.
Chapter 25 Section 8	Unpaid fines	Provisions concerning the collection and recovery of fines are found in the Enforcement of Fines Act (1979:189). Fines that are not paid may, unless otherwise provided, be converted to imprisonment for at least fourteen days and at most three months in accordance with the Enforcement of Fines Act. Act 1991:240.
Chapter 25 Section 9	Applicability of provisions	Sections 7 and 8 are applied correspondingly to financial penalties issued in specific cases by a court or other public authority. What is provided in this Chapter concerning fines is applied to other financial penalties. Act 1991:240.
Chapter 36 Section 23	Corporate fines	Upon application by a public prosecutor, a corporate fine is imposed on a company for an offence if a more severe penalty than a fixed fine is provided for the offence and the offence was committed in the exercise of: 1. business activities; 2. public activities that can be equated with business activities; or 3. other activities conducted by a company, if the offence was liable to lead to financial advantage for the company. The imposition of a corporate fine on the company also requires that: 1. the company did not do what could reasonably be required to prevent the offence; or 2. the offence was committed by: a) a person with a leading position in the company based on a power of representation of the company or to take decisions on its behalf; or b) a person who otherwise had particular responsibility for supervision or control of the activities. ‘Company’ means sole traders and legal persons. The first paragraph does not apply if the offence was directed at the company. Act 2019:829.

Source: Criminal Code of Sweden