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Law (2002:444) If Punishment For The Financing Of Particularly Serious Crime In Some Cases

Original Language Title: Lag (2002:444) om straff för finansiering av särskilt allvarlig brottslighet i vissa fall

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The policy of the law



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This law contains criminal provisions for

implementation of the International Convention on the Suppression

of the financing of terrorism, adopted by the United Nations

General Assembly on 9 december 1999 (54/109).



In the law (2009:62) on measures against money laundering and

terrorist financing, there are additional provisions for

to implement the Convention. They relate to measures that

engaged in financial activities and other business activities are

required to take to prevent the operations utilized

for money laundering or terrorist financing.

Law (2009:73).



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

This law contains criminal provisions for implementation by 1. the International Convention on the Suppression of the financing of terrorism, adopted by the United Nations general Assembly on 9 december 1999 (54/109), and



2. paragraph 6 of United Nations Security Council resolution 2178 (2014).



In the law (2009:62) on measures against money laundering and terrorist financing, there are additional provisions for the implementation of the Convention. They propose measures that it engaged in financial activities and other business activities are required to take to prevent activities being used for money laundering or terrorist financing.

Law (2016:94).



Particularly serious crime



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Of particularly serious offences referred to in this law



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

deprivation of liberty, aggravated unlawful coercion, arson, aggravated arson,

living destruction, sabotage and spreading poison or

infection if the purpose of the Act is to instil fear into a

population or a population or to compel a

Government or an international organization to take or

to 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 a crime referred to in article 1 of the

International Convention on december 17, 1979 against taking

of the hostages, article 7 of the Convention on 3 March 1980 on the physical

protection of nuclear material as well as article 2 of the international

Convention of 15 december 1997 for the Suppression of bombings

of terrorists,



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

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

as well as the threats of such crimes, if the Act is carried out against such

internationally protected persons within the meaning of the Convention on

14 december 1973 on the prevention and punishment of crimes against

diplomats and other internationally protected persons.

Lag (2003:150).



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With particularly serious crime covered by this law 1. murder, manslaughter, aggravated assault, kidnapping, false imprisonment, aggravated unlawful coercion, arson, aggravated arson, generally dangerous destruction, sabotage and spreading poison or infection if the purpose of the Act is to instil fear in a population or a population 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 penalties for terrorist offences, aggravated sabotage, hijacking, maritime or air traffic sabotage, airport sabotage,



3. such a crime referred to in article 1 (a)) of the International Convention on december 17, 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 of 15 december 1997 for the Suppression of terrorist bombings, and



(d)) of article 2 of the International Convention on 13 april 2005 on combating nuclear terrorism, as well as



4. murder, manslaughter, assault, aggravated assault, kidnapping, false imprisonment, aggravated criminal damage, arson, aggravated arson and threats of such crimes, if the Act is performed against internationally protected persons, as referred to in the Convention of 14 december 1973 on the prevention and punishment of crimes against internationally protected persons, diplomats and others. Law (2016:94).



Responsibility



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Those who collect, provide or receive money

or other property, in order that such property should be used, or

knowing that it is intended to be used to commit

particularly serious crime is sentenced to imprisonment not exceeding

two years.



If the offences referred to in the first subparagraph are coarse, is sentenced to

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

whether the offence is aggravated, it should especially be taken into account if the

formed part of the activities carried out in the greater

scale or otherwise been of particularly dangerous species.



In minor cases, it should not be responsible. Law (2014:312).



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

To imprisonment for at most two years old person who collect, provide or receive money or other property in order that such property should be used or in the knowledge that it is intended to be used 1. to commit a particularly serious crime, or



2. of a person or a group of persons who commit particularly serious crime or is guilty of attempt, preparation, conspiracy or complicity in such crime.



If the offences referred to in the first subparagraph are coarse, 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 offence constituted a part of the activities carried out in larger scale or otherwise been of particularly dangerous species.



In minor cases, it should not be responsible. Law (2016:94).



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

Those who collect, provide or receive money or other property in order that such property should be used or in the knowledge that it is intended to be used for such a trip referred to in § 5 (b) of the Act (2010:299) of punishment for public provocation, recruitment and training in respect of terrorist offences and other particularly serious crime is sentenced to imprisonment not exceeding two years.



In minor cases, it should not be responsible. Law (2016:94).



4 § for attempted offences under section 3 shall be liable to a liability under

the provisions of Chapter 23. section 1 of the Penal Code.



§ 5/expires U: 2016-04-01/

If the Act is punishable with the same or stricter penalties in

the Penal Code or in the Act (2003:148) if the penalty for

terrorist offences shall not be sentenced to a punishment pursuant to §§ 3 and 4 in

This law. Lag (2003:150).



§ 5/entry into force: 04/01/2016

Responsibility under this law shall not be sentenced if the Act is punishable with the same or stricter penalties in the Penal Code or in the Act (2003:148) if the penalties for terrorist offences.

Law (2016:94).



Jurisdiction



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A Swedish citizen or foreigner who is here in

Empire and who have committed offences under section 3 or 4 of this Act

convicted by a Swedish court even if the jurisdiction under Chapter 2. 2 or

paragraph 3 of the criminal code does not exist. This also applies if the crime

in accordance with paragraph 5 of this law shall be punished in accordance with the

the Penal Code Act (2003:148) if the penalty for

terrorist offences.



Provisions requiring the State to prosecute in certain cases

see Chapter 2. section 5 of the Penal Code. Lag (2003:150).



6 §/entry into force: 04/01/2016

A Swedish citizen or foreigner who is in this country and who have committed offences under this law shall be liable at the Swedish court even if there is no jurisdiction under Chapter 2.

2 or 3 of the Penal Code. This also applies if the crime in accordance with paragraph 5 of this law shall be punished under the criminal code or the Act (2003:148) if the penalties for terrorist offences.



Provisions requiring the State to prosecute in certain cases, see Chapter 2. section 5 of the Penal Code. Law (2016:94).



Forfeiture



section 7 of the property which was the subject of an offence under this Act shall

be declared forfeited, unless it is manifestly unfair. In

instead of the property, the value of the declared forfeited.

Even the exchange of offences under this Act shall be declared

forfeited, unless it is manifestly unfair.

Law (2014:312).



The money seizure



section 8 property in the form of cash, receivables or other rights

that could reasonably be presumed to be the subject of a crime under this

Act, or a corresponding value, may be seized

(monetary seizures).



The money seizure may be adopted only if the reasons for the action

outweigh the infringement or otherwise which measure

of the accused or of any other opposing

interest. Law (2014:312).



section 9-patient basis or the Prosecutor decides on

the money seizure. The money seizure may concern only such property

available.



Relating to the seizure of money a debt or other right,

the debtor or another obliged announced bans

fulfilling its obligation to anyone other than

The police authority.



For monetary confiscation applies in general provisions on seizure in

the code of judicial procedure. Law (2014:624).



10 repealed by law (2009:73).



11 repealed by law (2009:73).



12 repealed by law (2009:73).



13 repealed by law (2009:73).



14 repealed by law (2009:73).



15 repealed by law (2009:73).



16 repealed by law (2009:73).



section 17 was repealed by law (2009:73).



18 repealed by law (2009:73).



19 repealed by law (2009:73).



20 repealed by law (2009:73).



section 21 was repealed by law (2009:73).



22 repealed by law (2009:73).