Self-defense (Sweden)
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 |
| Criminal defenses |
|---|
| Part of the common law series |
| Defenses to crime |
| Actual innocence |
| Excuse and exculpation |
| Defenses that deny the act: |
| Alibi · Mistaken identity |
| Frameup · Falsified evidence |
| False confession · Automatism |
| Defenses that negate intent: |
| Infancy · Entrapment |
| Insanity · Mental disorder |
| M'Naghten Rules |
| Diminished responsibility |
| Mistake of law · Mistake of fact |
| Intoxication |
| Defenses that justify the act: |
| Self defense · Consent |
| Duress · Necessity |
| Provocation |
| See also Criminal Law |
| Criminal Procedure |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and trusts · Evidence |
| Portals: Law · Criminal justice |
In Sweden, the law of self-defence allows a person attacked to excuse or justify a proportionate use of violence in defence of the person or property.
Contents |
[edit] The law
Chapter 24 of the Swedish criminal code states various conditions for which a person will not be sentenced in court for committing an otherwise criminal act. Self defense is considered grounds for non-conviction if the accused acted in a situation of peril and acted in a manner that is not "blatantly unjustifiable" in relation to that which is defended.
A situation of peril is stated to exist if:
- a person is subjected to, or is in imminent danger of being subjected to, a criminal attack against property or person, or
- a person through threats, force or violence is prevented from taking back stolen property found on criminals "red handed", or
- an intruder attempts to enter a room, house, estate or ship, or
- another person refuses to leave a residence after being told to.
The interpretation of what is to be considered not "blatantly unjustifiable" is popularly expressed in Sweden as "that force which is required by the peril". In other words, the defending party may do whatever it takes so long as no alternative, less severe options are available. For example, if the defending party can flee a dangerous situation instead of engaging in a fight (duty to retreat). It should be noted that the expression "blatantly unjustifiable" allows fairly generous tolerance towards the defending party.
However, the defending party must also consider that which is defended and what injury is inflicted upon the attacker. If that which is defended is insignificant in comparison to the injuries to the attacker, the court may reject the claim that person acted in self defense since the damage done to the attacker is "blatantly unjustifiable". Loss of life or permanent bodily injury rarely justifies self defense unless the defending party was in danger of being subjected to the same.
For example, if the only way of stopping a criminal from escaping with stolen property would be by killing him, then it would not be justifiable to do so. This is because that which is defended (property) is not as valuable as a human life and therefore the action of killing the criminal is not justifiable.
[edit] Subjective peril
Swedish legal custom in regards to self defense states that peril is subjective. This means that the peril is measured from what the defending party perceived as peril and not the actual peril.
For example, if a person were to threaten someone with an unloaded gun (not a lethal threat), the defending party would not be convicted if defending themself as if the gun were loaded (a lethal threat). This is because the defending party may perceive the gun as loaded and thus lethal.
[edit] Excess
A person who commits acts which are "blatantly unjustifiable" while in peril may also escape conviction if the situation were such that the person "could not be expected to maintain control of himself". For instance, such a situation might be if the defending party were in a state of great fear or severe rage because of the peril.
[edit] Defense of others
The Swedish criminal code states that anyone who assists a defending party in peril shall have the same rights as the defending party.
