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What penalties are available to the courts for violations of corruption laws by individuals?
Taking a bribe and giving a bribe are both punishable with fines or imprisonment of up to two years. In case of a serious bribery crime, the sentence is imprisonment from six months up to six years. When assessing whether the crime is serious, the following factors shall in particular be taken into account:
- whether the person receiving the bribe is performing tasks that require a high degree of responsibility;
- the value of the bribe; and
- whether the bribe constitutes a part of a larger criminal scheme.
The court may order that illicit payments be confiscated by the state treasury, unless it would be manifestly unreasonable to do so. This includes not only the illicit payment itself, but also estimated economic advantages resulting from the crime. If, for example, a corporation has been able to secure an advantageous business deal by bribing its counterpart, the actual or estimated profits from that business deal may be confiscated. Bribery offences may also lead to disbarment from public procurement according to Chapter 10 of the Public Procurement Act.
Companies or organisations
What penalties are available to the courts for violations of corruption laws by companies or organisations?
Corporate fines and trading prohibitions can be imposed. If the criminal act of bribery or bribe-taking has been committed in the name of a corporation and the person acting is a high-level employee such as a vice president or a board member, or if a corporation has failed to do what could be expected of it to prevent the criminal act, the corporation may be subject to a fine in accordance with the Penal Code. The fine may range from Skr5,000 to Skr10 million, but the maximum amount will likely be raised.
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