Precedents

Case: B 5813-22

2023-04-14 The police had exchanged weapons for a dummy four months before an individual tried to retrieve the weapons. Because the danger of the completion of the weapons offence was already excluded when the defendant's intention was formed, it was an impossible attempt that is not punishable.

Case: T 538-22

2023-04-05 A landowner who was unable to fell a 22-hectare forest area because of the provisions of Section 4 of the Species Protection Ordinance has been awarded compensation from the State.

Case: Ö 8346-22

2023-04-04 An EU citizen, wanted under a European arrest warrant, has been equated with a Swedish citizen when applying a ground for refusal related to the statute of limitations.

Case: B 2501-22

2023-03-31 A statement made in the context of a debate in a political assembly has been considered not to be punishable as agitation against a population group.

Case: Ö 5686-22

2023-03-30 A remote search order may be issued even if the information sought may be stored abroad.

Cases: B 5952-21 and B 2354-22

2023-02-14 Evaluation of evidence in cases of murder and attempted murder (I and II).

Case: B 419-22

2022-12-16 Photographic activity constituting invasion of privacy?

Case: B 4080-22

2022-12-13 The question whether surrender for execution of a sentence under a European arrest warrant shall be refused on the grounds that the sentence was imposed after a trial at which the requested person did not appear in person.

Case: Ö 1314-22

2022-11-10 A Swiss citizen was prosecuted for aiding a crime against the law of nations, gross crimes. The prosecution pertained to acts which he and a co-accused, who is a Swedish citizen, allegedly committed in Sudan in the capacity of representatives of companies within a Swedish company group. No impediments to Swedish jurisdiction have been deemed to exist in Swedish law or public international law.

Case: T 6931-21

2022-07-08 Whether the relationship between two women was such that a couple relationship existed under the Cohabitees Act.

Case: T 4623-21

2022-06-21 Due to fraud, a consumer disclosed the code to his Bank ID and response codes generated by his bank security token. The acts made several withdrawal transactions on the consumer's account possible. The circumstances were deemed to be such that the consumer's actions were grossly negligent but not particularly reprehensible. Accordingly, the bank shall in all material respects restore the account to the position it would have had had the transactions not been carried out.

Case: T 3379-21

2022-06-14 A road carrier's liability to pay compensation pursuant to Article 23 (4) of the Convention on the Contract for the International Carriage of Goods by Road (CMR) has been deemed not to cover costs for excise duty for goods that were stolen during carriage. The applicable law was also at issue.

Case: B 4450-21

2022-04-05 The provisions of Chapter 34, Section 2 of the Swedish Criminal Code shall be applied when the offence subject to examination is newly discovered relative to a judgment delivered in another EU country. In such a case, the court has the responsibility for ensuring that the investigation regarding necessary foreign judgments is available.

Case: Ö 7821-21

2022-03-31 Recognition and enforcement of custodial sentence in the European Union. The basis for refusal in Chapter 3, Section 4 (7) of the European Enforcement Act is not applicable to a foreign judgment rendered after a written procedure.

Case: Ö 1382-21

2022-02-23 Dismissal of an application for a summons. An application for a summons has been submitted in English in a case amenable to out-of-court settlement. Upon failure to obey an order to translate the document, the application for a summons has been dismissed.

Case: B 1770-21

2022-02-15 Human exploitation. Conditions for criminal liability and choice of sanction.

Case: Ö 5550-21

2021-12-21 Extradition to Rwanda for genocide, etc. Specifically the question whether an extradition would be in contravention of the provisions of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the right to a fair trial.

Case: Ö 4545-21

2021-12-15 Attachment. In the assessment of whether it is justifiable to attach a property occupied by a child, the child’s own interest in the protection of his or her home environment is to be balanced against the interest of exploiting the economic value of the property to provide for the creditor.

Case: Ö 300-21

2021-12-08 Swedish courts have been deemed competent to adjudicate a custody case pursuant to the Brussels II Regulation notwithstanding that neither the parents nor the child are habitually resident in Sweden. The jurisdiction of Swedish courts has been approved by all parties to the Swedish proceedings and the jurisdiction has been deemed to be in the best interests of the child.

Case: Ö 3828-20

2021-11-18 A foreign state has not been deemed to have immunity from enforcement of an arbitral award regarding listed shares and related receivables since the nature of the purpose of the holding was not sufficiently qualified to shield the property from enforcement.

Case: B 5938-20

2021-06-21 Freedom of expression offence of unlawful portrayal of an act of violence. The publication on a website of a film depicting an act of terrorism has been found to have taken place within the context of news distribution. Question of whether the act was justifiable taking into account such circumstance.

Case: Ö 5910-20

2021-06-11 Question regarding whether a decision by the Board of the Swedish Bar Association may be appealed to the Supreme Court by analogous application of Chapter 8, Section 8 of the Code of Judicial Procedure.

Case: B 5595-19

2021-05-05 Dead persons are covered by the term protected persons in accordance with customary international law and are also covered by the definition in Section 3 of the Act on Criminal Responsibility for Genocide, Crimes against Humanity and War Crimes. Accordingly, they can be the subject of humiliating and degrading treatment. As a rule, a war crime against a person is a crime the nature of which is such that imprisonment will normally result.

Case: B 6101-19

2021-03-31 Significance of freedom of expression aspects in the assessment of a prosecution for threatening a public official. Also, question of purport of the threat of violence requirement in Chapter 17, Section 1 of the Swedish Criminal Code.

2020-04-09 Following the death of the principal, an agent instructed a bank pursuant to a general power of attorney to pay invoices using monies from the bank account of the deceased. The agent was deemed by the Court to have the authority pursuant to the power of attorney to take these legal actions. The bank has paid these invoices without incurring any liability to the estate.

2020-04-08 Extradition for execution of a sentence. Risk of persecution on the basis of gender – as well as on the basis of sexual orientation - constitutes an impediment to extradition pursuant to Section 7 of the Swedish Extradition Act.

2020-04-08 European arrest warrant. Prison conditions in Romania have not been deemed to constitute grounds to refuse surrender for execution of a sentence in an individual case when an assurance concerning the prison conditions has been provided.

Case: Ö 5731-18

2020-02-27 A Swedish court’s ruling on a Community law issue in contravention of a preliminary ruling obtained in the case may form the basis of relief for a substantive defect as manifestly inconsistent with a statutory provision.

Case: B 1200-19

2019-07-11 Issue regarding responsibility and sanctions for rape or, in the alternative, negligent rape.