Self-defense (Sweden)
Encyclopedia
In Sweden
, the law of self-defense allows a person attacked to excuse or justify
a proportionate use of violence in defense of the person or property.
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:
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 (except fleeing the immediate area NJA 1969 p425, 1999 p460). 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 them, 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.
For example, if a person were to threaten someone with an unloaded gun
(not an actual lethal threat), the defending party would not be convicted if defending themselves as if the gun were loaded (a lethal threat). This is because the defending party may perceive the gun as loaded and thus lethal.
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, the law of self-defense allows a person attacked to excuse or justify
Excuse
In jurisprudence, an excuse or justification is a defense to criminal charges that is distinct from an exculpation. In this context, "to excuse" means to grant or obtain an exemption for a group of persons sharing a common characteristic from a potential liability. "To justify" as in justifiable...
a proportionate use of violence in defense of the person or property.
The law
Chapter 24 of the Swedish criminal codeCriminal Code
A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...
states various conditions for which a person will not be sentenced in court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
for committing an otherwise criminal act
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
. 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 handedIn flagrante delictoIn flagrante delicto or sometimes simply in flagrante is a legal term used to indicate that a criminal has been caught in the act of committing an offence...
", 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 (except fleeing the immediate area NJA 1969 p425, 1999 p460). 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 them, 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.
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
Gun
A gun is a muzzle or breech-loaded projectile-firing weapon. There are various definitions depending on the nation and branch of service. A "gun" may be distinguished from other firearms in being a crew-served weapon such as a howitzer or mortar, as opposed to a small arm like a rifle or pistol,...
(not an actual lethal threat), the defending party would not be convicted if defending themselves as if the gun were loaded (a lethal threat). This is because the defending party may perceive the gun as loaded and thus lethal.
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.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.See also
- Battered woman syndromeBattered woman defenceThe battered woman defense is a defense used in court that the person accused of an assault / murder was suffering from battered person syndrome at the material time. Because the defense is most commonly used by women, it is usually characterised in court as battered woman syndrome or battered wife...
- Defense of propertyDefense of propertyThe defence of property is a possible justification used by defendants who argue that they should not be held liable for the loss and injury they have caused because they were acting to protect their property. Courts have generally ruled that the use of force may be acceptable.-English...
- Self-defence (Australia)Self-defence (Australia)In the criminal law of Australia, self-defence may be a complete defence to criminal liability for causing injury or death in defence of the person or, to a limited extent, property, or a partial defence to murder if the degree of force used was excessive...
- Self-defence in English lawSelf-defence in English lawSelf-defence is part of private defence, the doctrine in English law that one can act to prevent injury to oneself or others or to prevent crime more generally – one has the same right to act to protect others as to protect oneself. This defence arises both from common law and the Criminal Law Act...
- Self-defense (United States)Self-defense (United States)In the United States, the defense of self-defense allows a person to use reasonable force in his or her own defense or the defense of others ....
- Use of forceUse of forceThe term use of force describes a right of an individual or authority to settle conflicts or prevent certain actions by applying measures to either: a) dissuade another party from a particular course of action, or b) physically intervene to stop them...