11. Respect for the local laws and regulations

Article 41 of the Vienna Convention on Diplomatic Relations, Article 55 of the Vienna Convention on Consular Relations and equivalent provisions in host country agreements concerning international organisations, establish that it is the duty of all persons enjoying privileges and immunities to respect the laws and regulations of the receiving State. While mission staff may enjoy criminal immunity, the Protocol Department at the Ministry for Foreign Affairs will not accept criminal acts committed by mission staff or their family members. It is in the interest of all concerned to avoid breaches of the law. The following outline of relevant Swedish criminal legislation may therefore be relevant.

Consequences of driving under the influence of alcohol, drugs or medicines

In Sweden, driving a motor vehicle while under the influence of alcohol, i.e. with a blood alcohol content of minimum 0.02 per cent or more, or a breath alcohol content of 0.10 milligrams per litre or more, is regarded as crime, regardless of whether the driver is involved in an accident or not. 

The crime is considered to be gross if (1) the driver has a blood alcohol content of at least 1.0 milligrams per litre or a breath alcohol content of at least 0.50 milligrams per litre, (2) the driver has otherwise been considerably affected by alcohol or another substance, (3) the manner in which the vehicle was driven was a considerable danger to road safety.

These alcohol limits also apply at sea, when operating a motor boat capable of speeds over 15 knots or any other vessel with an overall hull length of at least 10 meters. Breaches of the prescribed alcohol limits constitute the criminal act of drunkenness at sea.

Provisions on driving under the influence of alcohol or drugs are set out in Sections 4 and 4(a) of the Act on Penalties for Certain Road Traffic OffencesSwedish Road Traffic Offences (1951:649) and apply to the operation of motor vehicles. Provisions on drunkenness at sea are found in Chapter 20, Sections 4 and 5 of the Swedish Maritime Code (1994:1009).

The Act on Penalties for Certain Road Traffic Offences (1951:649) (in Swedish) - external website,

The Swedish Maritime Code (1994:1009) (in Swedish) - external website,

Speed violations

In Sweden, speed limits of up to 120 km/h apply. The vehicle speed should always be adapted to suit the weather and the road conditions. Exceeding posted speed limits is considered in accordance with Chapter 14, Section 3 of the Swedish Road Traffic Ordinance (1998:1276). The punishment for exceeding a posted speed limit is a fine, violators also run the risk of having their driving license withdrawn for up to 36 months.

The Swedish Road Traffic Ordinance (1998:1276) (in Swedish) - external website, - external website,

Narcotics

Sweden has strict legislation on narcotics. The Penal Law on Narcotics criminalises the use, possession, purchase, sale and transfer of drugs. The punishment for a drug offence is imprisonment of up to three years, and the punishment for a minor drug offence is a substantial fine. The provisions on drug offences are set out in Sections 1 to 3 of the Penal Law on Narcotics (1968:649).

The Penal Law on Narcotics (1968:649) (in Swedish) - external website,

Purchase of sexual services

It is illegal to pay for sexual services in Sweden. Chapter 6, Section 11 of the Swedish Criminal Code stipulates that the purchase of sexual services is punishable with a fine or imprisonment of up to one year. This provision applies to those who pay for sexual relations and those who take advantage of sexual services paid for by another person.

The Swedish Criminal Code (in Swedish) - external website,

Corporal punishment of children, domestic violence, gross violation of a woman’s integrity

Violence in the family, such as infliction of physical injuries as well as corporal punishment of children, is regarded as assault according to Chapter 3, Sections 5 and 6 of the Swedish Criminal Code.

In order to prevent domestic violence, Sweden has enacted progressive legislation that criminalises repeated criminal acts such as assault and sexual abuse against a family member as a gross violation of their integrity or, if the victim is a female spouse or partner, as gross violation of a woman's integrity. The provisions require that the repeated acts have violated the person´s integrity and that the violations are carried out to severely damage the person´s self-esteem. The penal provisions on violation of integrity and violation of a woman's integrity are set out in Chapter 4, Section 4 (a) of the Swedish Criminal Code.

The Swedish Criminal Code (in Swedish)  - external website,

Human trafficking

To ensure the well-being of and tolerable living and working conditions for all persons in Sweden, the protection against human trafficking under Swedish criminal law includes the exploitation of individuals for the use of forced labour or services. Chapter 4, Section 1(a) of the Swedish Criminal Code criminalises the recruitment, transportation, transfer, harbouring or receipt of human beings by improper means for the purpose of exploiting them.

The Swedish Criminal Code (in Swedish)  - external website,

Swedish Enforcement Authority

The Swedish Enforcement Authority assists in collecting unpaid claims, applications for orders to pay, debt restructuring and supervision of bankruptcy.

The activities of the Swedish Enforcement Authority may become relevant for foreign missions if they fail to pay social security contributions for locally employed staff or similar contributions required under Swedish law.

While the area of State immunity and diplomatic immunity is complex, Swedish courts have delivered rulings that have allowed for enforcement measures against certain property belonging to foreign missions.

It should be noted that the Swedish Enforcement Authority makes its own assessment as to whether certain property is covered by diplomatic immunity or not. Moreover, the Swedish Constitution prevents the Swedish Government from interfering in how government agencies handle individual cases. All Swedish authorities take decisions independently, even of the Swedish Government. The main legal source for the enforcement of claims is the Enforcement Code, which is supplemented by the Enforcement Ordinance.

The Enforcement Authority carries out the enforcement of public claims (e.g. taxes, VAT, excise duties, social security contributions and parking fines) and private claims (e.g. titles of execution and judgments of general or administrative courts). How the enforcement procedures of public claims are handled differs depending on the claim. The main rule is that the debt should be paid immediately, regardless of wheter it is a debt to an individual, a company or the state. If there is no possibility to pay the whole debt at once, it is better to pay as much as possible so that the debt decreases.

The Enforcement Authority is obliged to launch an investigation if the debtor has failed to pay within the time limit. The purpose is to see if the debtor has any property that can be subject to enforcement. Third parties are also required to provide information about the debtor. 

Various authorities have registers that are used by the Enforcement Authority to gain knowledge about the persons or companies that are subject to it's actions. The Swedish Tax Agency administers the central tax register that the Enforcement Authority has direct access to. Both individuals and legal entities are registered. In addition, the Swedish Transport Agency keeps a national vehicle register that contains information about all registered vehicles and their owners. The real estate register administered by "Lantmäteriet", the Swedish mapping, cadastral and land registration authority, contains information about real estate and site leaseholds in Sweden.

For more detailed information:

The Swedish Enforcement Authority  - external website,