Home » Sweden » Legal Framework

Legal Framework

Legal FrameworkPolicyResearch
Institutions

National Legislation

Prohibiting Trafficking in Human Beings

Penal Code Chapter 4 Section 1 a
available in Swedish only, showing the Penal Code including the actual version of the section. The reform in SFS 2010:371, effective from July 2010, and the former reform in SFS 2005:90 in English

Version, from July 2010:
A person who, in a way other than by kidnapping,
by unlawful coercion, deception, abuse of someone’s vulnerability or by any other improper means recruits, transports, transfers, houses or receives a person in order that he or she be exploited for sexual purposes, removal of organs, military service, forced labour or other activity in a situation of distress for the victim, shall be convicted of trafficking and sentenced to minimum two and maximum ten years’ imprisonment.
A person who commits an act referred to in the first paragraph against a person under the age of eighteen years shall be sentenced for trafficking even if no improper means referred to therein have been used.(SFS 2010:371)

Former version:
A person who, in a case other than those referred to in Section 1, by the use of unlawful coercion or deception, exploiting someone’s vulnerable situation or by some other such improper means recruits, transports, accommodates, receives or implements some other such measure with a person, and thereby assumes control over the person, with the aim that the person should be
1. subjected to an offence under Chapter 6, Section 1, 2, 3, 4, 5 or 6, exploited for causal sexual relations or in another way exploited for sexual purposes,
2. exploited in war service or compulsory work or other such compulsory condition,
3. exploited for the removal of organs, or
4. exploited in another way in a situation that involves a distressful situation for the vulnerable person,
shall be sentenced for trafficking in humans to imprisonment for at least two and at most ten years.
This also applies to a person who with such a purpose as referred to in the first paragraph,
1. passes over to another control over a person, or
2. from another person receives control over a person.
A person who commits an act as referred to in the first paragraph against a person who has not attained the age of eighteen should be sentenced for trafficking in humans even where no such improper means as referred to there have been used.
If the offence referred to in the first to third paragraphs is less grave, a sentence of imprisonment for at most four years shall be imposed. (SFS 2005:90)

Prohibiting Procuring
Penal Code Chapter 6 Section 12 (available in Swedish), showing the Penal Code including the actual version of the section. The reform in SFS 2005:90 is also available in English

A person who promotes or improperly financially exploits a person’s engagement in casual sexual relations in return for payment shall be sentenced for procuring to imprisonment for at most four years.
If a person who, holding the right to the use of premises, has granted the right to use them to another, subsequently learns that the premises are wholly or to a substantial extent used for casual sexual relations in return for payment and omits to do what can reasonably be requested to terminate the granted right, he or she shall, if the activity continues or is resumed at the premises, be considered to have promoted the activity and shall be held criminally responsible in accordance with the first paragraph.
If a crime provided for in the first or second paragraph is considered gross, imprisonment for at least two and at most eight years shall be imposed for gross procuring. In assessing whether the crime is gross, special consideration shall be given to whether the crime has concerned a large-scale activity, brought significant financial gain or involved ruthless exploitation of another person. (SFS 2005:90)

Prohibiting Purchase of a Sexual Act from a Child
Penal Code Chapter 6 Section 9 (in Swedish only) , showing the Penal Code including the actual version of the section. The reform in SFS 2005:90 is also available in English

A person who, otherwise than as previously provided in this Chapter, induces a child under eighteen years of age to undertake or endure a sexual act in return for payment, shall be sentenced for purchase of a sexual act from a child to a fine or imprisonment for at most two years.
The provision of the first paragraph also apply if the payment was promised or given by another person. (SFS 2005:90)

Prohibiting Purchase of Sexual Services
Penal Code Chapter 6 Section 11 (in Swedish only), showing the Penal Code including the actual version of the section. The reform in SFS 2011:517 (in Swedish only), and the former reform in SFS 2005:90 (in English)

Version from July 2011:
A person who, otherwise than as previously provided in this Chapter, obtains a casual sexual relation in return for payment, shall be sentenced for purchase of sexual service to a fine or imprisonment for at most one year.
The provision of the first paragraph also apply if the payment was promised or given by another person. (SFS 2011:517)

Former version:
A person who, otherwise than as previously provided in this Chapter, obtains a casual sexual relation in return for payment, shall be sentenced for purchase of sexual service to a fine or imprisonment for at most six months.
The provision of the first paragraph also apply if the payment was promised or given by another person. (SFS 2005:90)

Rape of a Child
Penal Code Chapter 6 Section 4 (in Swedish only), showing the Penal Code including the actual version of the section, and the reform in SFS 2005:90 (also in English)

A person who has sexual intercourse with a child under fifteen years of age or who with such a child carries out another sexual act that, having regard to the nature of the violation and the circumstances in general, is comparable to sexual intercourse, shall be sentenced for rape of a child to imprisonment for at least two and at most six years.

This also applies to a person who commits an act provided for in the first paragraph against a child who has attained the age of fifteen but not eighteen and who is the perpetrator’s offspring, or is being brought up by or has a comparable relationship with the perpetrator, or for whose care or supervision the perpetrator is responsible by decision of a public authority.

If a crime provided for in the first or second paragraph is considered gross, a sentence to imprisonment for at least four and at most ten years shall be imposed for gross rape of a child. In assessing whether the crime is gross, special consideration shall be given to whether the perpetrator used violence or threat of a criminal act or whether more than one person assaulted the child or in any other way took part in the assault or whether the perpetrator having regard to the method used or the child’s young age or otherwise exhibited particular ruthlessness or brutality. (SFS 2005:90)

Aliens Act (2005:716)
(in Swedish only)

Law (1988:609) on council for the injured party
(in Swedish only)

Law (1999:997) on special legal representative
(in Swedish only)

Law (1997:192) on International Adoption Agencies
(in Swedish only)

Law on Genetic Integrity (2006:351), Chapter 8, Section 6
(in English and in Swedish)

A person who for profit takes, hands over, receives or procures biological material from a living or deceased person or tissue from an aborted foetus shall be sentenced to a fine or imprisonment for up to two years. The same penalty shall be imposed on a person who uses or takes advantage of such material for transplantation or for other purposes despite the knowledge that the material has been taken, handed over, received or procured for profit. Cases of minor violation shall not be penalised.

Public Access to Information and Secrecy Act
(partly in English and entirely in Swedish)

Swedish Code of Judicial Procedure
(in Swedish only)

Swedish Children and Parents Code
(in Swedish only)

Social Services Act (2001:453)
(in Swedish only)

 

European Legislation

EU Framework Decision 2002/629/JHA
(English version)

EU Anti-Trafficking Directive 2011/36
(English version)

The European Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third country nationals victims of trafficking in human beings or to third country nationals who have been subject of an action to facilitate illegal immigration and who cooperate with the competent authorities
(English version)

Council Framework Decision 2004/68/JHA
(English version)

EU Council Framework Decision 2001/220/JHA
(English version)

Council of Europe Convention on Action against Trafficking in Human Beings
(English version)
Signed – 16 May 2005
Ratified – 31 May 2010

Council of Europe Convention on Human Rights
(English version)
Signed – 28 November 1950
Ratified – 4 February 1952

Council of Europe Convention on the Compensation of Victims of Violent Crimes
(English version)
Signed – 24 November 1983
Ratified – 30 September 1988

Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuses
(English version)
Signed – 25 October 2007
Not ratified

 

International Legislation

UN Convention against Transnational Organized Crime
(English version)

UN Convention on the Rights of the Child (1989)
(English version)

UN Convention on the Elimination of All Forms of Discrimination against Women
(English version)
Signed – 7 March 1980
Ratified – 2 July 1980

Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (“Palermo Protocol”)
(English version)

UN Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (2000)
(English version)