Financial Crime Prosecution and Sentencing in Sweden: A Guide to the Process

In Sweden, financial crimes are prosecuted by the Swedish Prosecution Authority (Säkerhetspolisen), which works closely with the police to investigate and prosecute such cases. The process of investigating and prosecuting financial crimes in Sweden is governed by a range of laws and regulations.

The Right to a Public Defence Counsel

• Suspects in financial crime investigations have the right to a public defence counsel, which may be appointed during the investigation or prior to trial.
• Anyone seeking a public defence counsel should contact the police officer in charge or the prosecutor, who will then apply to the court for an appointment.

Arrest and Remand

• When a financial crime is suspected, the prosecutor decides whether to place the suspect under arrest.
• The prosecutor must decide within 12 hours of the arrest whether to release the suspect from custody or apply for a remand order.
• The court then decides whether to grant the remand order.

Restrictions on Remand

• If there is a risk that the suspect may impede the investigation while in detention, restrictions may be placed on their contacts with the outside world.
• This can include restrictions on visits, phone calls and access to media.

The Prosecutor’s Decision

• After completing the investigation, the prosecutor decides whether to file charges or discontinue the investigation.
• If charges are filed, the case proceeds to trial.

Court Proceedings

• At trial, the court reaches a verdict based on the evidence presented.
• The court may deliver its judgement immediately after deliberation or within a few weeks.

Criminal Records

• The Swedish Police maintains a register of criminal records, which includes convictions and suspected crimes.
• Register extracts are required for certain jobs and may be requested by employers.

Appeals

• The prosecutor, suspect and injured party have the right to appeal judgements from the district court to the court of appeal or even the Supreme Court in certain cases.

Special Rules for Juveniles

• When a juvenile is suspected of a financial crime, specific rules apply.
• The investigation must be completed within a statutory timeframe, and the court’s response is designed to ensure a clear link between the crime and punishment.

Conclusion

Understanding Financial Crime Prosecution and Sentencing in Sweden is essential for anyone involved in or affected by such cases. By following this guide, individuals can better navigate the complex process of investigating and prosecuting financial crimes in Sweden.