Sweden
Act on penalties for terrorist offences n. 148 2003.


Section 1
This Act contains legal provisions on the implementation of the European Union framework decision on combating terrorism of 13 june 2002 (2002/475/RIF)


Section 2
He who commits an act under section 3 shall be sentenced for terrorist offence, if the act might seriously damage a state or intergovernmental organisation and the intent of the act is to

1. inflict serious fear on a population or a group of population,
2. unduly compel a public agency or an international organisation to take measures or abstain from measures, or
3. seriously destabilise or destroy fundamental political, constitutional, economical or social structures in a state or intergovernmental organisation.

The penalty shall be a determined period of imprisonment of at least 4 years and at most 10 years, or for life.

Should the offence be less serious the penalty shall be imprisonment of at least 2 years and at most 6 years.

The penalty for the act must not be less than the minimun for the same act set in the Penal Code.


Section 3
The following acts may constitute terrorist offences under this Act:
1. murder Chapter 3, section 1 of the Penal Code,
2. manslaughter, Chapter 3, section 2 of the Penal Code,
3. aggravated assault, Chapter 3, section 6 of the Penal Code,
4. kidnapping, Chapter 4, section 1 of the Penal Code,
5. unlawful deprivation of liberty, Chapter 4, section 2 of the Penal Code,
6. aggravated damage, Chapter 12, section 3 of the Penal Code,
7. arson and aggravated arson, Chapter 13, sections 1 and 2 of the Penal Code,
8. devastation endangering the public, Chapter 13, section 3 of the Penal Code,
9. sabotage and aggravated sabotage, Chapter 13, sections 4 and 5 of the Penal Code,
10. hijacking and maritime or air traffic sabotage, Chapter 13 section 5 a) of the Penal Code,
11. airport sabotage, Chapter 13, section 5b) of the Penal Code,
12. spreading poison or contagion, Chapter 13 section, 7 of the penal Code,
13. unlawful possession of chemical weapons, Chapter 22, section 6 a) of the Penal Code,
14. intentional weapons offence, Chapter 9, section 1 of the Weapons Act (1996:67),
15. offences under section 21, third paragraph of the Act on inflammable and explosive goods (1988:868) ,
16. intentional breaches of section 25 of the Military Equipment Act (1992:1300), that refers to nuclear charges, radiological, biological and chemical weapons, apparatuses and other devices for spreading radiological, biological and chemical weapons as well as special parts and substances for such material,
17. offences under sections 18 and 20 of the Act (2000:1064) on control of dual use products and technical assistance, that refers to such products or technical assistance that could be used in the production of nuclear devices, biological or chemical weapons,
18. smuggling and aggravated smuggling, section 3 and 5 of the Act (2000:1225) on penalties for smuggling, should the offence refer to goods included under 14-17,
19. unlawful threat, Chapter 4, section 5 of the Penal Code, that includes threat of committing any of the acts included under 1-18.


Section 4
Attempt, preparation or conspiracy to commit terrorist or failure to disclose such offences are acts punishable under Chapter 23 of the Penal Code.


Section 5
Should someone commit an offence under Chapter 8, sections 1,4-6, Chapter 9, section 4 or Chapter 14, sections 1 and 3 of the Penal Code or attempt to commit such offences, with the intent to support terrorist offences this shall, should the act not be punishable under section 2 or 4 or as complicity to such an offence, in addition to applicable regulations for each offence category and the regulations of Chapter 29, section 2 of the Penal Code, be considered as aggravating circumstances in the setting of penal value.


Section 6
Proceeds of offences under this Act shall be declared forfeited, if this is not flagrantly unjustifiable. This also refers to compensation received for costs in connection with such an offence, should the action of receiving it be an offence under this Act. The received compensation may be replaced by an equivalent value to be declared forfeited.


Section 7
Property used as support in connection with offences under this Act or that proceeds from such offences may be declared forfeited, if necessary to prevent crime or if there are other particular reasons. This applies also for the use of a property, wich under this Act is an offence, or other involvement that constitutes such an offence. The property may be replaced by an equivalent value to be declared forfeited.


This Act shall enter into force 1 July 2003.