On May 24, SWE MoJ confirmed SWE GVT proceeding with proposals.
SWE MoJ confirmed that SWE GVT is now proceeding with new confiscation legislation.
Legislation Overview
In order to strangle the criminal economy, SWE GVT proposes in a bill, a simplified and more effective confiscation legislation, to ensure that proceeds of crime can be seized.
The possibility of going after the assets of criminals is a way to strike at top level of gangs and reduce incentives for young people to commit crimes on behalf of gangs.
SWE GVT's proposal for confiscation legislation is a big reforms in area of criminal law, since Criminal Code was introduced 60 years ago, advancing move on organized crime.
The proposals mean, among other things, it will be possible to take assets of criminal origin from criminals, regardless of whether it is proved someone committed a crime.
In concrete terms, this means a person who, for example, has large amounts of cash, large bank balances or luxury items must get rid of them if he or she does not have income commensurate with the property, and cannot explain where they come from.
An independent confiscation must be tried by a court and investigation must be led by a prosecutor, and in some cases, individuals must have a right have a legal counsel.
These changes to confiscation law are proposed to enter into force on Nov. 8, 2024.
Next Steps
The bill will be published when it is submitted to the Riksdag, which normally happens on the Tuesday of the week after it is decided, meaning publication on May 28, 2024.
May 29, 2024 Proposal Published
On May 29, 2024, SWE MoJ published proposal for forfeiture legislation, to ensure the regulatory framework is coherent, effective and is adapted to all legal commitments.
The proposals will include a new chapter 36, in the criminal code, with the heading On confiscation of property and on corporate fines, covering new rules and requirements.
Also, a new form of forfeiture, independent forfeiture, is introduced in the new chapter.
Through the proposal, it will be possible to confiscate property that is not proportionate to person's legitimate sources of income, and coercive means must be able to be used.
A new law is introduced regulating procedure for confiscation of property and corporate fines, also containing the basic rules on investigations into independent confiscation.
Seizure of money is extended to become a general means of coercion, which makes it possible to secure property simply, like bank balances coming from an internet fraud.
The proposed legislation will now continue through it legal and parliamentary process, and the various changes to the law are proposed to enter into force on Nov. 8, 2024.
Jul. 2024 Supplementary Proposal
On Jul. 1, 2024, SWE MoJ issued memorandumsupplementary proposal regarding new confiscation legislation, outlining additional provisions complementing SWE GVT's proposed bill on confiscation laws; also issued referral to consultative bodies.
Introduces a new form of confiscation termed independent confiscation and proposes amendments to the Enforcement of fines act and to the Fines enforcement ordinance.
These changes allow for enforcement of confiscations involving payment obligations, regardless of whether the confiscation constitutes a special legal effect of a crime.
Proposed regulations set to take effect on Jan. 1, 2025, with certain amendments planned for Nov. 8, 2024, coinciding with new confiscation legislation enactment.
Consultation responses must be received no later than Aug. 30, 2024.
Support for New Confiscation Legislation
On Sep. 26, 2024, SWE PRL reported justice committee backs new confiscation law.
In legal council referral, an amendment to the Fine Enforcement Act is proposed which enables enforcement of a judgment of independent forfeiture on payment obligations.
The proposal complements the new confiscation legislation (prop. 2023/24:144), and SWE MoJ proposes the amendment enter into force on Jan. 1, 2025.
Justice committee agrees with SWE MoJ's assessment that the main driver behind organized crime is the desire to make financial gains, which makes stopping it difficult.
In the justice committee's view, it is important that the judicial system be given better and more appropriate opportunities to take criminal proceeds from criminals.
As such, the committee proposes that SWE PRL approve SWE MoJ's proposal for a new confiscation legislation, which are proposed to enter into force on Nov. 8, 2024.
Oct. 2024 Proposal Adopted
On Oct. 2, 2024, SWE PRL adopted SWE GVT's proposal re new confiscation legislation.
Children, young people, those with mental disorders are also covered by the proposal.
The new confiscation legal framework enters into force on Nov. 8, 2024.
