1. WP2: Sweden (1) Michael Faure and Niels Philipsen
Faculty of Law, METRO
3rd EFFACE meeting, Berlin, 23 January 2014

2. Overview Brief summary of findings so far
Critical issues during stage 1
Practical proposals on criteria and methods of analysis, assessment and evaluation of the instruments, actors and institutions described
Coordination with other WPs

3. Findings (summary) Swedish Environmental Code (1999)
replaced 15 previous acts; also includes references to other laws; Swedish Penal Code does not include special provisions on environmental crime;
general rules of consideration (principles) in Chapter 2
‘environmental sanction charges’, levied directly by supervisory authorities (SEK 5,000-1 mln)
penalty provisions in Chapter 29: fine or term of imprisonment not exceeding 2 years, or imprisonment of up to six years
if business is involved: usually corporate criminal fine

4. Findings (summary) Actors and institutions
850 prosecutors, in 35 regional prosecution offices
plus 4 specialized offices, including the National Unit for Environmental Crimes (REMA)
prosecutors lead investigations, but police and Coast Guard carry them out
2010: 19 special prosecutors handling environmental crime cases in Sweden
five Environmental Courts and one Court of Appeal
administrative supervisory authorities: Swedish Environmental Protection Agency, County Administrative Boards and ‘other government agencies and municipalities’ (+ sector agencies)

5. Findings (summary) Vague notions in Chapter 29, Section 1(3)
According to some legal scholars, “the general idea in Sweden is that criminal enforcement has limited possibilities to solve environmental problems”
cases of environmental crimes are brought to court or result in fines by prescription of a prosecutor (ENPRO)
2003 report on organised crime for EC: illegal disposal of used refrigerators

6. Critical issues Language Reliance on reports and articles in English
translated version Environmental Code: 2007
translated version Penal Code: 1999
Reliance on reports and articles in English
Legal details, notably on:
substantive criminal law principles
substantive criminal law on public servants liability and on organised crime
responsibility of corporations and collective entities for environmental crimes
Some materials still need to be integrated in the report

7. Proposals / discussion
Practical proposals on criteria and methods of analysis, assessment and evaluation of the instruments, actors and institutions described in stage 1 during stage 2
presentation by Michael Faure
Coordination with other WPs
WP 3
WP 4