Clemency
Under the Instrument of Government, one of Swedens fundamental laws, the Government may, by exercising clemency, remit or reduce a penal sanction. It is for the Government to decide whether or not to grant clemency in each individual case. There is no right to clemency. Clemency is for exceptional situations.
A clemency decision can mean that the convicted person is pardoned from a penalty, for example, imprisonment, or that the penalty instead is set as probation, a suspended sentence or a fine.
The Government can also remit or reduce other legal effects of criminal acts, such as an expulsion order issued by a general court on account of a criminal offence. However, for an alien who has been expelled by a general court on account of a criminal offence and wishes to apply for a residence permit on grounds of protection, it is natural in the first instance to approach the Swedish Migration Board (see 'Expulsion on account of a criminal offence' under Criminal case matters).
The Government can never review the question of guilt in the criminal case.
Clemency can only apply to a criminal judgment that has become final and non-appealable. Clemency can also apply to foreign judgments if the convicted person has had the execution of the penalty transferred to Sweden.
Damages and litigation costs to be paid by the convicted prison cannot be covered by clemency, nor can coercive measures such as detention and travel bans. Further, clemency cannot pertain to matters concerning the enforcement of sentences, such as prison placement, whether enforcement can be by means of intensive supervision using electronic monitoring (an electronic ankle tag) or whether the convicted person can be considered for some transition measure (parole, a stay in care, a stay in a half-way house or extended parole) cannot be the subject of clemency.
The Swedish Prison and Probation Service is responsible for matters concerning the enforcement of sentences. Anyone wishing to know if a prison sentence can be served by means of an electronic ankle tag should therefore direct their enquiries to the Swedish Prison and Probation Service.
