jurisdiction

Sweden
Source of law The Swedish Criminal Code (SFS 1962:700) 
Offence 

Private Sector - Chapter 10 Section 5a 

Taking of a bribe 

Where a person who is an employee or performing a commission receives, accepts a promise of, or requests an undue advantage for their performance of their employment or commission.  

The same applies to a person who is a participant in or official at a competition about which public betting is arranged, and an undue advantage for their performance of tasks in the competition is involved.  

The above also applies if the act was committed before the perpetrator obtained a position referred to above or after the position has ended.  

The above also applies where a person receives, accepts a promise of, or requests a benefit for someone other than themselves. 

Private Sector - Chapter 10, Section 5b 

Giving of a bribe 

Where a person gives, promises or offers an undue advantage in the cases referred to above.  

Public Sector – Chapter 10, Section 5d 

Trading in influence 

Where a person:  

  1. receives, accepts a promise of or requests an undue advantage to influence a decision or measure taken by someone else in the exercise of public authority or public procurement; or 
  2. gives, promises or offers someone an undue advantage so that they will influence a decision or measure taken by someone else in the exercise of public authority or public procurement.  

Public Sector - Chapter 10, Section 5e 

Negligent financing of bribery 

Where a business operator who supplies money or other assets to a person representing the business operator in a public matter and thereby, through gross negligence, promotes giving of a bribe, gross giving of a bribe or trading in influence in accordance with Section 5d p.2 in the matter. 

The Bribe  
Is there a presumption that the advantage was given/received corruptly? Yes 1  
Would facilitation payments be caught? Yes 
Would corporate hospitality be caught? 

No 2  (private sector – not usually)  

Yes 3  (public sector – low threshold) 

Is there any de minimis? No 4 
Does the bribe have to be monetary? No 5  
Public Officials  
Does the offence only apply to bribing public officials? No
Acts Performed Outside Sweden  
Can bribery performed outside Sweden be caught? Yes 6  
Does the act also need to be illegal in the foreign country of performance? Yes 
Who can be liable?  
Swedish nationals? Yes 
Swedish company? Yes
Swedish partnership (including limited liability partnerships) incorporated? Yes
Director of Swedish company? Yes 7  
Swedish company if the bribe is committed abroad by its foreign subsidiary? No 8
Foreign subsidiary of a Swedish company if the bribe is committed abroad? No 
Foreign national/company/partnership if bribe is committed in Sweden? Yes
Foreign national domiciled or “ordinarily resident” in Sweden if bribe is committed outside Sweden? Yes 9  
Foreign company/partnership if bribe is committed abroad? No
Penalties  
Penalties include: 

 

Individuals 

  • Sentenced to a fine or imprisonment (up to six years). 

Companies 

  • Corporate fine up to SEK 500 million.  
  • Confiscation of benefits derived from bribery. 
  • Debarment of companies from tendering for public contracts. 
Defences  
Are there any defences available? No