Combating terrorism

Swedish legislation has included a specific act on criminal responsibility for terrorist offences since 2003. The act was introduced following the EU-wide adoption of the joint Framework Decision on Combating Terrorism. In 2008, an amendment to the Framework Decision was adopted at EU level with the aim of harmonising the Member States' national criminal law provisions, making it illegal to encourage others to commit terrorist offences and to recruit or train others to commit terrorist offences. A special act was introduced in 2010 based on these amendments and the Council of Europe Convention on the Prevention of Terrorism. A special act was introduced in 2010 based on these amendments and the Council of Europe Convention on the Prevention of Terrorism. In February 2012, the Government presented an updated national strategy containing measures to combat terrorism.

Combating terrorism effectively also requires measures to counteract the financing of terrorism. Under the International Convention for the Suppression of the Financing of Terrorism, adopted by the UN in 1999, it is an offence to provide or collect assets to be used in order to carry out terrorist crimes. Swedish legislation has contained an act on criminal responsibility for this type of offence since 2002. In 2009, a new act on measures to prevent money laundering and the financing of terrorism was also introduced, containing provisions on measures to be observed by anyone running financial or other businesses in order to prevent them from being exploited for money laundering and financing terrorism.

Act on Criminal Responsibility for Terrorist Offences

The Act on Criminal Responsibility for Terrorist Offences (2003:148) contains provisions on the actions that can constitute terrorist offences and the sanctions to be applied to those convicted of such offences. The actions that can constitute terrorist offences include murder, manslaughter, gross assault, kidnapping, unlawful deprivation of liberty, gross vandalism, arson and gross arson, devastation endangering the public, sabotage and gross sabotage, hijacking and maritime or air transport sabotage, airport sabotage and spreading poisonous or contagious substances. (A comprehensive list can be found in Section 3 of the Act.)

Any person who commits one of the actions listed in the Act can be convicted of terrorist offences if their action could seriously damage a state or intergovernmental organisation, and the intent of the action is to:

• seriously intimidate a population or a section of a population,
• unduly compel a public body or an intergovernmental organisation to take or refrain from taking a measure, or
• seriously destabilise or destroy fundamental political, constitutional, economic or social structures in a state or an intergovernmental organisation.

The penalty for terrorist offences is imprisonment for a minimum of four years and a maximum of 18 years, or for life. For less serious offences, the penalty is imprisonment for a minimum of two years and a maximum of six years.

Act on Criminal Responsibility for Public Provocation, Recruitment and Training concerning Terrorist Offences and other Particularly Serious Crimes

The Act on Criminal Responsibility for Public Provocation, Recruitment and Training concerning Terrorist Offences and other Particularly Serious Crimes (2010:299) contains provisions that allow further measures to be taken to prevent terrorism.

The act imposes particular criminal liability on those who:

• in a message to the public urge or otherwise attempt to entice people to commit particularly serious crime (public provocation),
• seek to, induce another person in a case other than that specified above to commit or otherwise participate in particularly serious crime (recruitment), or
• provide or seek to provide instruction in the making or use of explosives, weapons or noxious or hazardous substances that are particularly likely be used in particularly serious crime, or in other methods or techniques that are particularly intended for such purposes, if the act has been committed with the knowledge that the instructions is intended to be used for particularly serious crime (training).

'Particularly serious crime' means inter alia terrorist offences and offences referred to in certain specified international agreements.

Criminal responsibility under the Act shall not be imposed if the offence may be considered petty. The penalty is imprisonment for at most two years or, if the offence is gross, imprisonment for at least six months and at most six years.

Act on Criminal Responsibility for the Financing of Particularly Serious Crime in Some Cases

The Act on Criminal Responsibility for the Financing of Particularly Serious Crime in Some Cases (2002:444) contains provisions that implement the UN International Convention for the Suppression of the Financing of Terrorism.

The Act makes it punishable to collect, provide or receive money or other assets with the intention that they should be used or in the knowledge that they are to be used in order to commit terrorist offences and other serious crimes if the purpose is to intimidate a population or a section of a population or to compel a government or an international organisation to do or refrain from doing something.

Criminal responsibility shall not be imposed if the offence is considered to be minor. The same applies to-offences punishable pursuant to the Act on Criminal Responsibility for Public Provocation, Recruitment and Training concerning Terrorist Offences and other Particularly Serious Crimes (2010:299). The penalty, as regards offences persuant to the aforementioned Act, is imprisonment for a maximum of two years or, if the offence is gross, imprisonment for a minimum of six months and a maximum of six years.

Act on Money Laundering and Terrorist Financing (Prevention)

The Act on Money Laundering and Terrorist Financing (Prevention) (2009:62) contains provisions on administrative measures aimed at preventing financial and other businesses from being exploited for money laundering and financing terrorism. The measures laid down concern e.g. customer control and the responsibility to examine and report suspicious transactions. Financial institutions and some other business operators are responsible under the Act to examine and report suspicious transactions to the National Police Board (Financial Intelligence Unit). Such business operators are also obliged to refrain from processing suspicious transactions. The purpose of the provisions is to alert law enforcement agencies of suspicious transactions and to prevent business operators from participating in transactions that could be criminal. The Ministry of Finance is responsible for the Act.