1. Bribery (private to public)
1.1 The legal environment
There is no distinction in Swedish law between bribery of public officials and private bribery. Bribery of foreign or domestic governmental authorities is likewise not differentiated. The presence of a public official, on the other hand, will aggravate the situation and make it more probable that a benefit will be considered a bribe. Bribery is prohibited by Section 5 a-e of Chapter 10 of the Swedish Penal Code. The Marketing Act (SFS 2008:486) and the Swedish Income Tax Act are two pieces of auxiliary legislation that may be applicable in bribery cases (SFS 1999:1229).
2. What is the definition of bribery?
An employee or person executing an assignment who receives, accepts a promise of, or demands an improper benefit for himself or another person in exchange for the performance of the employment or assignment may be considered to be receiving a bribe. In the cases mentioned above, a person who delivers, promises, or offers an improper benefit may be considered to be giving a bribe. To be judged improper, a benefit does not have to be aimed at, cause, or encourage improper behavior, or be beneficial to the person who has provided, promised, or provided the advantage. An unsuitable benefit is one that has the objective potential to influence task performance or be viewed as a reward for task performance. Trading in influence and careless financing of bribery are also punishable offenses related to bribery, in addition to taking and paying a bribe. Taking or offering an improper benefit in order to influence a person’s conduct or decision in the exercise of public authority or in public procurement is known as “trading in influence.” A person operating on behalf of a firm who provides money or assets to a third party for the purpose of delivering a bribe may be found guilty of negligent bribery funding.
3. What is a public official?
Because there is no explicit offence for bribing of public officials, the Swedish Criminal Code lacks a definition of public official. Assignments based on election, appointment, duty, and agreement, for example, are included in the definition of “employee or person completing an assignment.”
4. Bribery consequences
(a) For those who are involved: Individuals who bribe public authorities face the same penalties as those who bribe public officials, according to the Swedish Penal Code. The following are the penalties:
A fine (proportional to the individual’s income, up to SEK 150,000) or up to two years in prison is possible.
Between six months and six years in prison if regarded a serious offence (The non-exhaustive lists of criteria to be considered include the position of the individual, the value of the benefits, whether the bribery has been part of systematic criminal activity or criminal activity of large proportions or otherwise is of a particularly dangerous kind.)
(b) For the business or legal entity:
Administrative fines ranging from SEK 5,000 to 10 million SEK.
5. Contributions to politicians
Political contributions are not required to be reported publicly and are not regulated by Swedish law. Within the Swedish government, however, there has been discussion of making all payments to political parties public. Hospitality expenses are subject to a limit (gifts, travel, meals, entertainment, amongst others) Hospitality expenses are not subject to any quantitative or qualitative restrictions under the Penal Code.
It must be determined whether a hospitality expense is deemed a bribe or an improper advantage in order to determine whether it is a bribe. In the Penal Code’s preparatory works, the term “improper advantage” is defined as “a benefit that objectively has the potential to alter the performance of a task or to be seen as a reward for the execution of a task.” The question of whether a hospitality expense qualifies as bribery must be decided on a case-by-case basis, taking into account all of the facts and circumstances. These types of circumstances include the sort of hospitality, the economic value, and the receiver’s status. Despite the fact that there is no specific law against bribery of public officials, hospitality extended to them is more likely to be considered improper due to the duty and trust that comes with their position.
6. Foreign public officials’ corruption
6.1. The legal environment
There is no distinction in Swedish law between bribery of public officials and private bribery. Bribery of foreign or domestic governmental authorities is likewise not differentiated. The presence of a public official, on the other hand, will aggravate the situation and make it more probable that a benefit will be considered a bribe. Bribery is prohibited by Section 5 a-e of Chapter 10 of the Swedish Penal Code. The Marketing Act (SFS 2008:486) and the Swedish Income Tax Act are two pieces of auxiliary legislation that may be applicable in bribery cases (SFS 1999:1229).
6.2. Definition of foreign public officials’ corruption
An employee or person executing an assignment who receives, accepts a promise of, or demands an improper benefit for himself or herself or another person for the execution of the employment or assignment may be considered to have taken a bribe. In the cases mentioned above, a person who delivers, promises, or offers an improper benefit may be considered to be giving a bribe. To be judged improper, a benefit does not have to be aimed at, cause, or encourage improper behavior, or be beneficial to the person who has provided, promised, or provided the advantage. An unsuitable benefit is one that has the objective potential to influence task performance or be viewed as a reward for task performance.