WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS SWEDEN Per-Olof H. Wikstrom* & Lars Dolmen** *National Council for Crime Prevention Sweden, & Dept. of Sociology, University of Stockholm **National Council for Crime Prevention, Sweden. This country report is one of many prepared for the World Factbook of Criminal Justice Systems under Bureau of Justice Statistics grant No. 90-BJ-CX-0002 to the State University of New York at Albany. The project director was Graeme R. Newman, but responsibility for the accuracy of the information contained in each report is that of the individual author. The contents of these reports do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U. S. Department of Justice. GENERAL OVERVIEW 1. Political system. Sweden is a Scandinavian country located in Northern Europe. The population of Sweden in 1993 was 8,745,109 inhabitants. The land area of Sweden is roughly the same size of France. Sweden is a constitutional monarchy with a parliamentary form of government. According to the Constitution, all public power derives from the people. Sweden's head of state, the King, has only ceremonial functions. The preeminent branch of the national government is the Parliament, or Riksdagen, which has 349 members in one chamber. The biggest political party is the Social Democratic Party which received 46% of the votes in the 1994 general election. The Parliament must approve all national taxes, annual budgets and legislation. The decision-making powers of parliament are without limitation, beyond those based on specific rules in the Constitution, such as protection of free speech, the ban on capital punishment, and the independence of the court and State civil service in enforcing laws. 2. Legal system. The Swedish legal system is accusatorial with a prosecutor representing the state and a defense attorney representing the defendant. However, the majority of crimes and offenses, in particular traffic offenses, are sanctioned by police officers or prosecutors in the form of summary fines. Primary responsibility for the enforcement of legal rules devolves upon the courts and the various administrative authorities. The general courts enforce civil law and criminal law legislation. 3. History of the criminal justice system. Swedish legislation is based on a strong domestic tradition of Germanic law, but it has also been influenced by foreign law. Swedish law is based to a considerable extent on written law, while case law plays a smaller though important role. The first penal law in Sweden came in 1734. This penal law was replaced in 1864 with a new penal law that was in turn replaced in 1965. CRIME 1. Classification of Crimes. *Legal classification. The Swedish Penal code does not differentiate between crimes and infractions. The classification of crime in the official crime statistics is based on the legal crime definitions given in the Penal Code. However, main groups of crimes are divided into sub-categories. These divisions are not systematic but are guided by general principles. The subdivisions have developed over a long period and have been determined from a pragmatic point of view. It is important to note that the Swedish crime statistics show all crimes reported to the police whether or not they turn out to be "founded" or not after investigation. *Age of criminal responsibility. The age of criminal responsibility is 15. However, special rules in regards to sanctioning apply until the age of 21. Only if there are special grounds may an offender below the age of 18 be sentenced to imprisonment. Imprisonment for offenders below the age of 18 is uncommon. For offenders aged 18 but not yet 21 the courts may sentence the offender to imprisonment only if there are special grounds regarding the culpability of the crime or other special reasons. *Drug offenses. According to Swedish law it is illegal to enter the country, to have in possession, or to buy or use narcotics. The use of narcotics was criminalized in 1988. The list of prohibited drugs involve all common types of narcotics, including cannabis, and the number of drugs on the list totals around 170. In an international perspective, Sweden has a very restrictive drug policy. 2. Crime statistics. *Murder. The Swedish crime statistics include attempts but completed and attempted homicides are also shown separately. The definition of a completed homicide is all criminal cases causing the death of the victim regardless of whether they are charged as murder, manslaughter or assault combined with causing another persons death. In 1992 there were a total of 174 completed criminal homicides. The corresponding figure for 1993 was 173. However, a special analysis of all homicides recorded in 1992 showed that almost one third of the cases appearing in the statistics as completed homicides, in fact, were not. The accurate figure should be around 120 cases. This probably also holds for the 1993 figure. The level of homicide has been fairly constant in Sweden since the mid 1970s, fluctuating between 120 to 140 homicides annually. *Rape. In 1993 there were 2,153 police recorded crimes of rape; of these 1,608 were completed; the rest were attempts. According to Swedish law a rape is defined as follows; if a person, by violence or by threat involving, or appearing to the threatened person as involving, imminent danger, forces the latter to copulate or have comparable sexual intercourse, he or she shall be sentenced for rape. Penetration of the woman's body is not necessary for a case to constitute a rape. Since 1984 a female can be charged with rape but such cases have been extremely rare. *Theft. Serious property crimes are defined as burglaries and car thefts. In 1993 there were 155,704 recorded crimes of burglary and of these 20,200 were residential burglaries. Since the mid-1970s the level of recorded burglaries has fluctuated around a level of 130,000 to 150,000 crimes per year although during the three last years, 1991 to 1993, the level has been close to 155,000. The number of recorded car thefts in 1993 was 61,141 and of these 18,300 were attempts. During the 1980s the number of recorded thefts of cars has doubled from 34,301 in 1980 to 69,003 in 1989. However, in the last three years this crime has decreased from roughly 70,000 in 1991 to roughly 61,000 in 1993. *Drug offenses. In 1993, 40,700 violations of the Narcotic Drugs Act were reported to the police. This figure is 40% higher than in 1990. Due to the method of counting drug offenses and the fact that this is a crime category highly dependent on the level of police activity, it is difficult to draw any conclusion about the actual amount of crime and or about changes over time. *Crime regions. Studies of regional crime trends since 1975 show that crime is increasingly concentrated in the big-city areas, and in particular in Stockholm, which is the area with the highest rate of crime. Although crime has increased since 1975 in all Swedish regions the rate of increase is much faster in the big-city regions. VICTIMS 1. Groups most victimized by crime. The largest empirical study of victims of crime in Sweden is the Study of Living Conditions (ULF). The study has been carried out annually since the mid 1970s. The result of the ULF Study shows that 7% of those questioned aged 16-74 stated that during the last 12 months (the study relates to the years 1990/91) they were subject to violence or threat of violence; 1% of those questioned stated that their injuries were so serious that they led to a visit to the doctor. The ULF also found that 29% of the people surveyed had suffered a theft in the last year. The results show that three groups are considered more vulnerable than others: (1) young men exposed to street violence, (2) single mothers of young children who are subject to violence in the home, (3) certain professional groups such as police officers, restaurant staff or medical staff who are subject to violence at work. Regarding fear of crime, 15% of the adult population (16-84 years) stated that at some time during the past year they had refrained from going out in the evening because they were anxious about being assaulted, robbed or molested in some other way. The proportion was greatest among the elderly, among women and among those who live in big cities. The development trends (from the end of the 1970s up to and including the end of the 1980s) for registered crime statistics and the results of the victim studies show two quite different patterns. While registered crime increased relatively sharply, the proportion of people stating in the victim study that they had been subject to various crimes of violence did not increase. In 1990 and 1991, however, the proportion of persons who, according to the victim study, stated they had been subject to crimes of violence also increased. More than one fourth (29%) of those questioned stated that they had been subject to some form of the listed crimes of theft or damage during the past year (1990/1991). The results show that over 10% were subject to theft of and/or damage to bicycle, moped or motorcycle, that just under 9% were subject to theft of and/or damage to something in or on a car, that 6% had been subject to car theft and 2%, to theft and/or damage in the home. The results also show that the risk of being subject to theft and/or damage is much greater in the big cities. Around 40% of those who reside in the big city regions stated that they had been subject to theft and/or damage. Also, more single persons with children had been subject to theft and/or damage. This may largely be explained by the fact that to a large extent they live in high-risk areas (blocks of flats in big cities). Foreign nationals also stated that they were subject to crimes of theft more frequently; this may also be explained by different dwelling environments. More white-collar than blue-collar workers stated that they had been subject to theft and/or damage. Again, regarding fear of crime, 22% of those questioned stated that they were anxious about being burgled. Anxiety is more common among women that among men, and among those who live in Stockholm than those who live in the north of Sweden. Those who are anxious about being subject to crimes of violence are also more anxious about being subject to theft and/or damage than others. There is a certain correlation between the results of the victim study and the crime statistics when crimes against property are considered; this was not the case with crimes of violence. Above all, increases may be seen in vehicle-related crimes, car thefts and thefts from and/or damage to items in or on the car both in victim data and the crime statistics. 2. Victims' assistance agencies. A proposed victims' authority will administrate the new victims' fund and be responsible for supplying information concerning victims of crime. The victim or plaintiff may demand damages from the perpetrator. Compensation to the victim or plaintiff may also be paid by the government. Victims of crime are also entitled to one hour's free legal advice in accordance with the Legal Aid Act. The National Association of Victims' Assistance Agencies was founded in 1988 and the objective is that there should be one agency in each police district. As of 1993 there are 66 local agencies throughout the country. The agencies train support persons and help victims of crime and keep in contact with the municipal social services, social welfare officers, psychiatric clinics, insurance companies, the police, and lock and alarm experts. There are also around 125 women's agencies who work to help and protect women and children that have been subject to ill-treatment or sexual offenses. 3. Role of victim in prosecution and sentencing. The victim or plaintiff has no actual function within the legal process. The only function of the victim or plaintiff is that of injured party or witness and he or she must not influence the investigation in any other manner. 4. Victims' rights legislation. In accordance with a recent bill the Government proposed to form a victims' authority. The new authority will take over part of the responsibility of the Criminal Damage Board as regards considering cases for compensation on grounds of crime, known as criminal damage compensation. According to the Social Services Act, the municipal social services are responsible for ensuring that those who live within the municipality obtain the help they need. Victims of crime, above all women subject to crimes of violence or sexual offenses by former partners, have in recent years been given opportunities for protection. For example they may have bodyguards or what is known as a security package which consists of a mobile phone and an assault alarm. The prosecutor has also been given powers to impose restrictive orders on individuals who pose a threat to specific women in order to prevent events from being repeated or exacerbated. POLICE 1. Administration. The organization of the police system according to organization and administration report for budget year 1992/1993: The Government and the Ministry of Justice The National Police Board and The National Forensic Laboratory County administrative boards (24) County police commissioners (24) Police authorities and police areas (117) The areas of activity of the National Police Board are: (1)The National Police Board's central administrative authority, (2)The National Criminal Investigation Department, and (3)The National Police College. The National Police Board is also the governing authority for the National Forensic Laboratory (SKL). In its role as a central administrative authority it is the task of the National Police Board to communicate the Government's priorities and guidelines for operation as well as following up and inspecting the police system. The Board should strive for sound methods as well as coordination and rationalization of police work. In its capacity as a central administrative authority, the Board also has the role of service body for the local police organization. The National Police Board (RPS) manages certain police activities. This applies mainly to serious crime with national or international ramifications. The management of police activities carried on by RPS is performed by the National Criminal Investigation Department. The National Investigation Department also provides reinforcements for local police organizations; reinforcement of other police authorities is around 75% of the National Investigation Department's operation. It may be a case of providing assistance in investigation work in connection with murder investigations and other serious crimes of violence, drug offenses or organized car theft for export. The National Investigation Department is also responsible for Swedish UN police activities as well as Interpol activities. The National Forensic Laboratory (SKL) is the central Swedish laboratory for forensic investigations. SKL mainly carries out laboratory investigations when there is suspicion of crime. The National Police Board is responsible for the activities of the National Police College. The Police College provides basic training of police officers, police management training, advanced courses, contract courses, research and development work. The Security Police report directly to the National Police Commissioner. The security police gather information on situations that may be important for the external or internal safety of the nation and for combating terrorism. The local police organization is divided into 117 police authorities or police areas. Beginning with the fiscal year 92/93 the funds of the local police organizations will be distributed between 26 secondary budgets, one for each county (24) as well as one for joint requirements and one for crime investigation activities. The overall responsibility for both activities and finances within the county's police force rests with the county administrative board. Special areas outside the local organization are the marine police that maintain order and safety at sea. The marine police cooperate with customs and coast guard to guard the frontier and restricted areas. The marine police also assist in rescue assignments. The cost of the operation was SEK 31 millions for fiscal year 92/93. The activities of the police force as regards aliens consist of basic investigation and exclusion or deportation. Other matters concerning aliens include nationality cases and extension of residence permits. Since 1992 investigations of applications for asylum have been dealt with by the National Immigration Board. Frontier control and airport guarding are, on the other hand, matters for the customs and police. 2. Resources. *Expenditures. The total police expenditure for budget year 1992/1993 10,281,200,000 crowns. This is the budget for the police force in fiscal year 1992/93 net outcome in million crowns (SEK). The National Police Board 348.9 The National Criminal Investigation Department 205.6 Total National Police Board 554.5 The Police College 0.001 The National Forensic Laboratory 42.9 Total county budgets 8,190.6 Joint requirements within the police force 1,278 Crime investigation costs 123.1 Total local police organization 9,591.7 Extra costs for European Soccer Cup 34.4 Equipment etc. 57.6 Total subsidy for the police system 10,281.2 The cost for the Police College in budget year 92/93 amounted to SEK 186 millions. All training is paid for by funds from the local police organization. *Number of police. On the last day of June 1993, a total of 27,045 persons were employed within the police system, including just under 2,000 trainees. Statistics on recruitment show that in budget year 92/93, 9% of those hired were of foreign origin. For the budget year 93/94 the equivalent proportion is 10%. Previously the proportion had been around 5%. Of the police personnel within the county organization, 15% are women. Of personnel within the National Police Board including the National Investigation Department, 6% are women. This is the number of persons in the various parts of the police organization in the budget year 93/94. This list also includes trainee police commissioners, trainee police officers and personnel employed with subsidized salaries. The National Police Board 352 The National Criminal Investigation Department 349 The Police College 200 SKL 114 The county organization, in total 24,647 of whom: police personnel 17,812 other personnel 6,835 3. Technology. *Availability of police automobiles. Vehicles within the police system are the responsibility of the various county organizations according to the new organization. Therefore there are no central statistics on this. Figures for 1991 show that there was a total of 2,654 vehicles reported within the police system. Of these 1,568 belonged to the uniformed and traffic police and are largely marked vehicles. In addition there are 800 unmarked vehicles belonging to the plain-clothes police as well as just under 300 other unmarked vehicles. *Electronic equipment. The police system is at present expanding several communication systems. It is impossible to obtain any overall picture of all the technical equipment since it is the responsibility of various county authorities. Certain systems are being expanded centrally, e.g. the communication systems E 80 and RAR (Rational reporting routine). The RAR system is being expanding gradually and in June of 1994 around 20 police authorities were connected to the system. *Weapons. The weapons available include pistols, tear-gas, sub-machine guns, shotguns, and hunting weapons. There is no information gathered centrally regarding other equipment such as protective vests. 4. Training and qualifications. The Swedish training of police is carried out by the National Police College in Stockholm. There are basically two careers: one for uniformed police officers and one for criminal investigators. The qualifications for a new police officer recruit includes Swedish citizenship, a high school education, a minimum of one year work experience outside the police, good health and a suitable body for police work, a drivers license, the ability to swim, and having reached the age of 20 by or during the year of application. In August 1994, 5,812 persons applied for police officer training and of these 191 were accepted, 51 of whom were females. For a position as a criminal investigator a university degree in law is required. In 1991 700 persons applied to the police commissioner training program and 30 were accepted. The training for police officer recruits is for three years including 10 months basic training at the police college, followed by 18 months as a trainee at one of the 117 police districts, and concluded with five months final training at the police college. The training for police commissioner recruits lasts three years and includes theoretical studies at the Police College covering police work, analysis and planning, administration and workplace psychology. It also entails working as a trainee in all areas of the criminal justice system including the police, courts and prosecutors. 5. Discretion. *Use of force. One of the powers of police officers in accordance with the Police Act, is use of force. A policeman may, to the extent other means are inadequate and when defensible in the circumstances, use force to carry out an action in the course of his duty, if (1) he is faced with violence or threat of violence, (2) someone who is to be detained, arrested or otherwise deprived of his freedom with the support of the law tries to escape or the policeman is otherwise faced with resistance when he is to deprive a person of freedom in this manner (3) it is a question of warding off a punishable act or danger to life, health or valuable property or extensive damage to the environment, (4) a policeman, with the support of the law, is to expel or remove a person from a certain area or space or execute or assist in a personal search or other similar measure in connection with confiscation or other retention of property or in connection with the type of search referred to in the Code of Judicial Procedure, (5) the policeman must in some other manner and with the support of the law gain access to, cordon off, seal, or evacuate a building, room or area, assist someone in the exercise of authority by means of such an action or a similar one or in the case of foreclosure, in accordance with procedure, or (6) the measure, in another case, is unavoidably necessary for maintenance of general order or safety and it is obvious that this cannot be carried out without force(1984:387). *Stop/apprehend a suspect. Any person, who on probable grounds, is suspected of a crime for which one years' imprisonment or more is prescribed, may be detained if, taking into account the nature of the crime, the situation of the suspect or some other circumstance, there is a risk that he will abscond or otherwise evade legal proceedings, remove evidence or hinder the investigation, or continue his criminal activity. Suspects cannot be detained for crimes for which it is assumed that the suspect will be sentenced to pay a fine, other than in special cases, such as the suspect refusing to give his name, giving a false name or having no residence in the country and where it may be assumed that he might leave the country. An unknown person who it may be assumed is wanted by the police may be taken in for identification. The Code of Judicial Procedure chapter 24 is the source of this information. *Decision to arrest. When a policeman receives information about a crime that falls under general prosecution, he must submit a report on this to his supervisor as soon as possible. A policeman may grant report concession in certain cases in accordance with rules announced by the Government. This applies in the first place to crimes where the sanctions would be no harsher than fines and the crime is of an insignificant character. *Search and seizure. Searches may take place if it may be suspected that a crime has been committed for which one year's imprisonment may be the punishment and objects are to be searched for that are to be confiscated or otherwise used in the investigation. The search is announced by the head of investigation, the prosecutor or the court. A policeman may undertake a search without a decision as above, if there is danger. A policeman may also perform a body search of the suspect if 1) crime has been committed that may lead to imprisonment, or 2) an object may be confiscated which may have significance for the investigation. A body search may take place if it may be assumed that the suspect possesses weapons or other dangerous objects, or in order to confirm his identity. For specific statutory guidelines see the Code of Judicial Procedure, chapter 28. *Confessions. Confession is never binding. All alleged offenders must stand trial. 6. Accountability. If there is a complaint about the police, it is reported to a police authority. The matter is investigated not by the police but is transferred to the office of the public prosecutor for investigation. If the matter is not considered to be a crime, it goes back to the police authority where the personnel disciplinary board decides whether disciplinary action is to be taken. In the Stockholm police district the Section for Internal Investigations (CU), investigates reports that are directed against employees at the police authorities in Stockholm County, Gotland County and the National Police Board. The investigations are led by chief prosecutors at the Regional Prosecuting Authority in Stockholm and the prosecuting authority in Stockholm. The CU also deals with issues concerning suspension and dismissal of employees of the police authorities in Stockholm County; it consists of one chief superintendent, nine superintendents and eight administrative employees. In 1993 a total of 1,048 reports were recorded against employees of the police authorities in Stockholm County. Of these 162 were reports of ill treatment. During this period just under 40,000 persons were deprived of their freedom in accordance with the investigative routine. Recently the Stockholm police have been trying out a system of citizen witnesses, i.e. laymen who observe work at the police station. PROSECUTORIAL AND JUDICIAL PROCESS 1. Rights of the accused. *Rights of the accused at trial. It is the task of the prosecutor to prove that the accused is guilty beyond reasonable doubt. The accused do not need to prove that they are innocent. There are no jury trials. A decision to prosecute cannot be taken unless the suspect and his counsel has been informed of the suspicion and have had an opportunity to read and comment on the records as long as this can be done without harming the investigation. The accused are initially tried by a panel of a professional judge, who always is a trained jurist or lawyer, and three or five lay judges. In higher courts all panels consist of professional judges. *Assistance to the accused. If necessary the court is required to ensure that the accused is provided with the assistance of a public defense counsel. Such a counsel is appointed by the court. Counsel for the defense must be a trained lawyer and a member of the Swedish Bar Association and is remunerated for his assistance to the defendant out of public funds. However, if the defendant is well off, he or she may be ordered to pay these costs if convicted. The defendant may, if he or she wishes, appoint a private counsel. There is no requirement that private counsel have legal training. 2. Procedures. *Preparatory procedures for bringing a suspect to trial. The basic prosecutorial and judicial process can be described in the following stages. If there are reasons to believe that a criminal offense under public prosecution has been committed, a pre-trial investigation should be initiated to find out who is reasonably suspected of the crime and if there is sufficient evidence to prosecute him or her. The police or the public prosecutor initiate the pre-trial investigation. During the investigation every fact must be taken into consideration, whether it is in a suspect's favor or against. Normally the police carry out the pre-trial investigation, but, as soon as someone is reasonably suspected of the crime, the prosecutor takes over the case. However, the prosecutor has the right to assume control of the case at any stage in the pre-trial investigation if it is deemed advisable. *Official who conducts prosecution. When the pre-trial investigation has been completed the public prosecutor decides whether to press charges or not. It is the prosecutor's duty to prosecute everyone who is reasonably suspected of having committed a crime and the prosecutor's judgement is that there is enough evidence to expect the court to find the suspect guilty. *Alternatives to trial. Exceptions will often be made for juvenile offenders but in these cases, before a waiver of prosecution, the prosecutor is normally required to get in touch with the social welfare authorities and see to it that appropriate action will be taken. Also, for less serious offenses the prosecutor may decide, if the offender agrees to this, that the case will be resolved by a summary fine and not taken to trial. There is no plea bargaining and the accused cannot plead guilty to a lesser offence. *Proportion of prosecuted cases going to trial. Since there is no plea bargaining, all persons prosecuted for a crime that carries a prison sentence must stand trial. *Pre-trial incarceration conditions. The public prosecutor decides whether a suspect is to be kept under arrest. Twelve hours is the maximum period for which a suspect can be held without a warrant of arrest. The statuary maximum time for arrest is 48 hours. A request for a pre-trial detention order is normally made the same day as the arrest but in extreme cases this time may be extended to, but no longer than, the third day after the arrest. Decisions to retain a person in detention are made by the court after hearing the issue at hand; the suspect, his counsel and the prosecutor are all present at this hearing. Normally, following a request for pre-trial detention, the court should, on the same day hold a session to decide on detention but never more than four days should pass from the day the suspect was arrested. If the court decides to remand someone in custody it shall at the same time set a date on which the person shall be presented to the court. A person can be detained only if he or she is suspected of an offense punishable by imprisonment for a year or more and it is likely that he or she will either flee or destroy evidence. An exception can be made to these requirements for detention if the suspect is not domiciled in Sweden and there is a risk that he or she will flee the country. *Bail procedures. Sweden has no bail. *Proportion of pre-trial offenders incarcerated. No information obtained. JUDICIAL SYSTEM 1. Administration. Sweden has a three-tiered hierarchy of general courts; the district courts, the courts of appeal and the Supreme Court. Appeals against judgements of district courts can normally be carried to a court of appeal. Appeals against the decision of courts of appeal can be carried to the Supreme Court. However, the possibility of having an appeal heard in the Supreme Court is subject to special permission, such permission being given only if it is important for enforcement of the law that the appeal should be heard by the Supreme Court. 2. Judges. *Number of judges. The number of judges in Sweden by level of general court: Supreme Court 59 (23) Appeal Courts 386 (151) District Courts 609 (489) The figures within brackets refer to the number of judges with a permanent position. *Appointment and qualifications. No information obtained. 3. Special Courts. In addition to the general courts there are administrative courts including the Supreme Administrative Court, the Administrative Courts of Appeal, the County Administrative Courts, the Labor Court, the Market Court and the Rent and Leasehold Tribunals. 4. Procedure. The majority of cases are resolved by summary sentences and fines. PENALTIES AND SENTENCES 1. Sentencing process. *Who determines the sentence? The sentence is determined by the court upon a finding of guilt. *Is there a special sentencing hearing? After the main hearing involving the presentation of the case, questioning of the suspect and witnesses, the court holds private discussions to consider the aggravating and mitigating circumstances. This discussion leads to a final decision on the case. The decision must be based only on facts that come to light at the main hearing. In general the decision and punishment or other sanctions are announced directly after the discussions. *Which persons have input into the sentencing process? The prosecutor may decide on special measures before the case comes to court; for example, that the social services should deal with the case. In cases where the suspect may be assumed to be mentally disturbed, the court decides whether he should undergo examination by a forensic psychiatrist. If the examination reveals mental disorder, the court may choose to sentence the defendant to psychiatric treatment, with or without special consideration of discharge. Children and young people, addicts and mentally disturbed perpetrators may be handed over for special treatment. 2. Types of Penalties. *Range of penalties. The Criminal Code lists the punishments and other sanctions a court may prescribe in a sentence. The term "punishment" refers to fines and imprisonment and the term "other consequences" refers mainly to suspended sentences, probation or special treatment. Imprisonment may be prescribed for a specific period, from 14 days to 10 years. Longer sentences of up to 16 years may be imposed for several crimes. Life imprisonment is usually converted to a specific length of punishment of around 14-16 years. The sanction is determined on several different bases. The seriousness of the crime, and the age and mental state of the perpetrator are all factors that are important. One general principle is that imprisonment should be avoided as far as possible. Thus, it is not possible in any unified manner to say that the normal punishment for a certain crime is a certain type of sanction; more serious forms of crime lead to more severe punishment. These are the punishments meted out depending on the severity of the crime: Conditional release usually takes place now after 2/3 of the sentence has been served. Between 1 July 1983 and 1 July 1993 general conditional release after half the sentence had been served applied. Persons under 18 may not be sentenced to imprisonment in other than exceptional cases. Psychiatric treatment is prescribed for crimes for which the sanction must be more severe than a fine and the defendant is suffering from a serious mental disorder. Probation may be prescribed for crimes for which the sanction must be more severe than a fine. Probation may be combined with special regulations such as contract care or community service program. Conditional sentences may be prescribed for crimes for which the sanction must be more severe than a fine. A conditional sentence may be perceived as a conditional concession with a trial period of two years. The main rule now is that this sanction should be combined with a fine. A person who at the time of sentencing is under 21 years may be placed in the care of the social services. This sanction may be combined with a fine. A person may be sentenced to treatment under the Care of Alcoholics and Drug Abusers Act if the crime would not lead to more severe punishment than one year's imprisonment. The person sentenced must be a drug abuser to the extent that he is a danger to himself or a close relative. Day-fines are calculated on the basis of how serious the crime is and the financial situation of the guilty party. Day-fines are prescribed by number and magnitude. The number must be no less than 30 and no more than 150 or, as joint punishment for several crimes, a maximum of 200. The size of the day-fine varies according to the financial situation of the defendant and varies between 30 SEK and 1,000 SEK. Monetary fines are set at a minimum of 100 and a maximum of 2,000 SEK. The fine is used primarily for less serious forms of crime, e.g. traffic offenses. The Prosecutor-General, and the National Police Board decide which crimes lead to on-the-spot fines. The fines are imposed directly by the police and the maximum fine is 1,200 SEK. Standardized crimes are determined on a very special basis and are used a few times a year (around 20) exclusively for crimes against the Fisheries Ordinance. An order of summary punishment is a form of fine that is issued by the prosecutor without court proceedings, usually for simpler forms of crime that would lead to a fine or in certain cases six months imprisonment. This sanction requires that the defendant approves the order, i.e. admits to the crime. The prosecutor may decide not to prosecute a person even though he has committed a crime. This sanction is used primarily for young people (under 18) and in certain cases for drug abusers if they agree to treatment instead. If a person is already under supervision and commits more (minor) crimes, the prosecutor may decide not to prosecute if the sanction would be the same as what has already been imposed. Forfeiture means that property falls to the state if it relates to profits of crime, tools of crime or objects produced by means of crime, e.g. forged bank notes. Instead of the property, its value may be declared forfeited. Expulsion means that a person who is not a Swedish national is forced to leave the country and is forbidden to return. If the guilty party has caused personal injury or destroyed property, he may be liable to pay damages to the plaintiff. In the case of serious traffic offenses or repeated minor traffic offenses, the guilty party's driving license may be withdrawn. Decisions on withdrawal of driving license are announced by the county administrative court not the district court. Use of various sanctions in 1993 is shown in the table below. Usually a person brought to court has one sanction imposed on him. In 82% of all court cases in 1993, sanctions were decided on. Sanction Number Prison 15,872 Psychiatric treatment 372 Probation 6,274 with contract care 620 with community service program 310 Conditional sentence 11,916 reatment within the social services 1,480 Fines 111,560 Day and monetary fings 35,808 Summary punishment 75,752 Failure to prosecute 13,942 Other sanctions 2,964 Total persons santioned or prosecuted 164,380 To this may be added: On-the-spot fines 199,144 *Death penalty. The death penalty was abolished in Sweden in 1921 for peace time and in 1973 also for war time (Hoflund 1993 p. 26). PRISON 1. Description. *Number of prisons and type. There are 77 Swedish prisons which are divided into national and local prisons. The national prisons mainly receive people with prison sentences of at least one year or who require extra security. The national prisons also include some that are high-security. The local institutions are primarily for those with prison sentences of up to one year although those with longer sentences are often transferred to local prison at the end of their prison term. As of July 1, 1994 the following number of prisons and prison beds applied. *Number of prison beds. Type of prison Number Number of prison beds National 17 1,904 Local 60 2,885 In addition to these prisons there are also a number of remand prisons. *Average daily/number of prisoners. The average number of prisoners for the fiscal year 1992/1993 was 3,830. *Number of annual admissions. The number of annual admissions for the year 1992 was 13,836. As of March 1, 1993, 26.8 % of the prisoners were foreign citizens and 5% were female. * Actual or estimated proportion of inmates incarcerated. The distribution of the 1992 prisoners by crime type is shown in the table below: Crime Annual Admissions As of March 1, 1993 Violent crimes 2,368 (17.1%) 843 (19.6%) Sex crimes 270 (2.0%) 200 (4.6%) Property crimes 3,139 (22.7%) 848 (19.7%) Robbery 417 (3.0%) 335 (7.8%) Fraud 1,139 (8.2%) 415 (9.7%) Drunken driving 2,562 (18.5%) 332 (7.7%) Other traffic 532 (3.8%) 70 (1.6%) Drug offenses 1,298 (9.4%) 826 (19.2%) Other 2,111 (15.3%) 432 (10.0%) 2. Administration. *Administration. All Swedish prisons are state prisons. *Prison guards. The number of prison guards as of March 1, 1994 was 4,126; 23% of whom were female. *Training and qualifications. The requirement for prison guard recruits is that they either have at least two years of high school education or that they are at least 26 years of age and have four years of work experience. In addition they are required to have at least two years of high school training in English, Swedish and Social Science. Appointment decisions are based on personal interviews. *Expenditures on the prison system. The total annual expenditures for the prison system were 3,377 million crowns (SEK) for the fiscal year 1992/1993. *Number of prisoners awaiting trial. The annual average number of prisoners awaiting trial in the fiscal year 1992/1993 was 1,058. 3. Prison conditions. *Remissions. No information obtained. *Work/education. No information obtained. *Amenities/privileges. No information obtained. EXTRADITION AND TREATIES *Extradition. A person who is suspected, accused or found guilty of a punishable act by a foreign state and is staying in Sweden may, by government decision, be extradited to that state in accordance with the act 1957:668. According to this act, the crime must have been perpetrated wholly or partly in Sweden. The act must be equivalent to a crime for which Swedish law prescribes at least one year's imprisonment. Swedish nationals may not be extradited, nor may persons who have committed political crimes or who risk being subject to persecution owing to political or religious affiliation. According to the European Extradition Convention agreements apply between the following countries: Austria, Bulgaria, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, The Netherlands, Norway, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland, Turkey, UK, Israel. Otherwise the following extradition agreements apply between Sweden and Belgium and Sweden and non-European countries: USA, Australia, Canada and areas under the responsibility of the UK. *Exchange of prisoners. No information obtained. *Specific conditions. Within the Nordic countries special agreements apply. Swedish citizens may under certain circumstances be extradited to another Nordic country in accordance with act 1959:254 and for political crimes if the act has any equivalent in Swedish law. In principle these European conventions apply: The European Extradition Convention of 13 Dec. 1957. The European Convention of 28 May 1970 on the international legal consequences of criminal sentences. Transfer of legal proceedings in criminal cases, act 15 May 1972. SOURCES Ahlberg J. (1994). Brottsutvecklingen 1992/1993. Stockholm: Allmanna forlaget. Dolmen L. (1990). Crime Trends in Sweden 1988. BRA-report 1990:4. StaAllmanna forlaget. Farrington D.P., Langan P. & Wikstr”m P-O. (1994) Changes in Crime and Punishmentin America, England and Sweden Between the 1980s and the 1990s. Studies in Crime and Crime Prevention Vol. 3 (pp 104-131). Hoflund O. (1993): Straff och andra reaktioner pa brott. Third edition. Juristforlaget, Stockholm. Svensson Bo (1994). Criminal Justice System in Europe: Sweden. HEUNI (mimeograph). Wikstrom P-O (1991). Urban Crime, Criminals and Victims. New York: Springer verlag. Wikstrom P-O & Dolm‚n L. (1990). Crime and Crime Trends in Different Urban Environments. Journal of Quantitative Criminology, Vol. 6 No 1 (pp 7-30). Wikstrom P-O, Ahlberg J, & Dolmen L. (1994). Brott, Brottsprevention och Kriminalpolitik. Stockholm: Allmanna forlaget. Rattsstatistisk Arsbok 1993 (Criminal Statistics Yearbook). Statistiska centralbyran, Stockholm. Comments on the Criminal Code volume 1, Crimes against the person and against property, etc. fifth edition, Norstedts forlag, Stockholm. Crime statistics 1993, Sweden's official statistics, Statistiska centralbyran, Stockholm. The Annual Report for the Police System budget year 1992/1993. The Annual Report for Corrections in Sweden year 1992/93. Personal contact with Corrections (attention Karin Lindsten). Personal contact with the National Police Board's personnel bureau, (Aug. 94). Administration Report Stockholm Police Authority, 1993 operation. Information material from the National Courts Administration Personal contact with the legal department of the Foreign Ministry, Aug. 94. (attentionorjan Landelius). Per-Olof H. Wikstrom National Council for Crime Prevention Division of Research Atlas Muren #1 Box 6494, 113 83 Stockholm, Sweden Tel: 08-769-8400 Fax: 08-32-8364