Sweden

The Penal Code

PART ONE
GENERAL PROVISIONS

Chapter 2 On the Applicability of Swedish Law

Section 5 a

If the question of responsibility for an act has been determined by a judgement which has entered into legal force pronounced in a foreign state where the act was committed, or by a foreign state in which the European Convention of 28 May 1970 on the International Validity of Criminal Judgements or the European Convention of 15 May 1972 on the Transfer of Proceedings in Criminal Matters was in force, the accused may not be prosecuted for the same act in this Realm :

1. if he has been acquitted,
2. if he has been declared guilty of the crime without a sanction being imposed,
3. if the sanction imposed has been enforced in its entirety or enforcement is in process,
4. if the sanction imposed has lapsed under the law of the foreign state.

The first, paragraph shall not apply to a crime under Section 1 or Section 3, points 4, 6 and 7, unless legal proceedings in the foreign state were instituted at the request of a Swedish authority.

If the question of responsibility for an act has been determined by a judgement pronounced by a foreign state and no impediment to legal proceedings exists by reason of what has been previously stated in this Section, the act may be prosecuted in the Realm only by order of the Government or a person authorised by the Government. (Law 1987:761)

Keywords

Ne bis in idem



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