Law (2010:299) Of Punishment For Public Provocation, Recruitment And Training In Respect Of Terrorist Offences And Other Particularly Serious Crime

Original Language Title: Lag (2010:299) om straff för offentlig uppmaning, rekrytering och utbildning avseende terroristbrott och annan särskilt allvarlig brottslighet

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:299

The policy of the law



1 §/expires U: 2016-04-01/

This law contains provisions for the implementation of

The Council of Europe Convention on 16 May 2005, on the prevention of

terrorism and the European Union framework decision of 28 november

2008 amending framework decision 2002/475/JHA on combating

terrorism (2008/919/JHA).



1 section/entry into force: 04/01/2016

This law contains provisions for the implementation of the 1. The Council of Europe Convention on 16 May 2005, on the prevention of terrorism, 2. The European Union framework decision of 28 november 2008 amending framework decision 2002/475/JHA on combating terrorism (2008/919/JHA), and 3. paragraph 6 of United Nations Security Council resolution 2178 (2014). Law (2016:95).



Particularly serious crime



2 section of particularly serious crime covered by this law



1. murder, manslaughter, aggravated assault, kidnapping, unlawful

deprivation of liberty, aggravated unlawful coercion, arson, aggravated

arson, generally dangerous destruction, sabotage and spreading

by poison or infection, if the purpose of the Act is to instil

fear in a population or a population group or to

compel a Government or an international organization to

take or refrain from taking an action,



2. terrorist offences under section 2 of the Act (2003:148) if the penalty for

terrorist offences, aggravated sabotage, hijacking, maritime or

Aviation sabotage or airport sabotage,



3. such crime as referred to in



a) article 1 of the International Convention on 17

December 1979 against hostage-taking,



b) article 7 of the Convention on 3 March 1980 on the physical protection

of nuclear material,



c) article 2 of the International Convention on 15

December 1997 for the Suppression of terrorist bombings,

and



(d)) of article 2 of the International Convention on april 13

2005 for the Suppression of nuclear terrorism,



4. murder, manslaughter, assault, aggravated assault, kidnapping,

unlawful deprivation of liberty, aggravated criminal damage, arson, aggravated

arson and threats of such crimes, if the act carried out against the

such internationally protected persons referred to in

the Convention of 14 december 1973 on the prevention and

punishment of offences against diplomats and other

internationally protected persons, as well as



5. crimes under section 3 of the Act (2002:444) if the penalty for

the financing of particularly serious crime in some

case. Law (2014:436).



Responsibility



Public provocation



section 3 of The who, in a public service announcement urging or

otherwise the search lead to particularly serious crime is sentenced

to imprisonment not exceeding two years.



Recruitment



4 § The seeking to persuade someone else, otherwise than as mentioned in

section 3, to commit or otherwise contribute to particularly serious

crime is sentenced to imprisonment not exceeding two years.



Education



§ 5 The notifying or seeking advise instructions on

the manufacture or use of explosives, weapons, or

harmful or hazardous substances which are particularly suited to be used

for particularly serious crime, or whether other methods

or techniques that are particularly suitable for such a purpose, is sentenced

to a maximum of two years ' imprisonment, if the Act was committed with

knowing that the instructions are intended to be used for

particularly serious crime.



5 a section/entry into force: 04/01/2016

The person receiving such instructions referred to in paragraph 5 of the intention of using them for particularly serious crime is sentenced to imprisonment not exceeding two years, if the notice of the instructions was particularly devoted to the promotion of such crime. Law (2016:95).



/Rubriken entry into force: 04/01/2016

Drive



5 b/entry into force: 04/01/2016

To imprisonment of up to two years is convicted the traveling or embarking on a journey to a country other than the country in which he or she is a national in order to 1. commit or prepare the especially serious crime, or 2. announce or accept instructions in accordance with section 5 or 5a. Law (2016:95).



Other provisions on liability



6 §/expires U: 2016-04-01/

If the offence referred to in section 3, 4 or 5 is rough, is sentenced to

imprisonment of not less than six months and not more than six years. At the discretion of the

If the crime is gross, particular consideration shall be given to whether the intended particular

serious crime that involves danger for several human lives

or for property of particular importance, if it concluded that a

part of the activities carried out in larger scale or if

otherwise been of particularly dangerous species.



6 §/entry into force: 04/01/2016

If the offences specified in 3, 4, 5 or 5 a § is rough, is sentenced to imprisonment for not less than six months and not more than six years. In assessing whether the offence is aggravated, it should in particular be taken into account if the crime intended particularly serious crime that involves danger for several human life or to property of particular importance, if the offence is included as part of an activity carried out on a larger scale, or if it otherwise has been of particularly dangerous species. Law (2016:95).



section 7 Liability under this Act must not be sentenced if there had been

only slight danger that the Act would lead to

removal of a particularly serious crime or if the Act

taking into account other circumstances are considered to be minor.



section 8 Of the Act is subject to the same or stricter penalties in

brottsbal-ken, or in the Act (2003:148) if the penalty for

terrorist offences shall not be imposed responsibility under this law.



Jurisdiction



§ 9 Even if there is no jurisdiction under Chapter 2. 2 or 3 section

the criminal is convicted of offences under this law at the Swedish court

If the crime was committed



1. by a Swedish citizen or foreigner resident in

Sweden, or



2. in one of the institutions of the European Union or against a

bodies set up in accordance with the Treaty on European

Union or the Treaty on the functioning of the European Union and

which has its seat in Sweden.



The first paragraph also applies if the offence in accordance with section 8 shall

punishable under the criminal code or the Act (2003:148) of punishment

for terrorist offences.



Provisions requiring the State to prosecute in certain cases

see Chapter 2. section 5 of the Penal Code.