Sweden
Police
The Swedish police service consists of the National Police Board, the National Security Service, the National Criminal Investigation Department, the National Laboratory of Forensic Science and 21 police divisions. The work of the Swedish police is supervised by The National Police Board, which ensures that the police activities are carried out in accordance with existing laws and regulations.
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The Swedish police service consists of the National Police Board, the National Security Service, the National Criminal Investigation Department, the National Laboratory of Forensic Science and 21 police divisions. The work of the Swedish police is supervised by The National Police Board, which ensures that the police activities are carried out in accordance with existing laws and regulations. The main laws regulating the police service in Sweden are the Police Act (1984:387), the Police Ordinance (1998:1558), the Penal Code (1962:700) and the Code of Judicial Procedure (1942:740).
Police powers of investigation, such as witness protection and surveillance, are mainly regulated under the Penal Code and the Code of Judicial Procedure. Specifically, witness protection is regulated under Article 10, Chapter 17 of the Penal Code, which states that anyone having assaulted a witness in any way is guilty of interfering in a judicial matter. Such assaults are defined to include threats of violence or other acts that cause suffering, injury or inconvenience for the witness in connection with the witness’s testimony or in order to prevent the witness from testifying. Serious assaults on a witness will result in imprisonment between six months and six years. The Code of Judicial Procedure also contains provisions concerning special surveillance, such as wire-tapping and call monitoring. Wire-tapping is allowed to investigate the commission of a crime that carries a penalty of two or more years of imprisonment or the attempt, preparation or conspiracy to commit such a crime if also these acts are subject to punishment.
Provisions dealing with police powers to maintain public order are found in the Police Act of 1984. This law regulates police powers of search, arrest, detention and the use of force. The police are allowed to use force only under certain circumstances and when other means are inadequate. Such cases include when a police officer encounters force or the threat of force or if the officer is trying to avert a criminal act or a threat to life, health or valuable property (Police Act, Article 10). Moreover, the police may search a person that is under arrest or otherwise taken into custody in order to seize weapons or other dangerous articles or to establish the identity of the person (Police Act, Article 19).
Rules outlining police duties, complaints, misconduct and disciplinary actions are found in the Police Ordinance (1998:1558). If the police receive a report claiming that a police officer has committed a criminal offense or that a police officer has seriously injured a person, then the prosecutor shall immediately decide if an investigation is to be initiated. However, if the police begin an investigation into the complaint or injury on their own accord, then the prosecutor does not need to handle the investigation (Police Ordinance, Chapter 5, Article 1).
Analysis provided by Maria Bideke, International lawyer and Director of Law Association Justice International.
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