Comparative Analysis Of Scandinavian Criminal Law
1. Introduction: Scandinavian Criminal Law
Scandinavian criminal law—covering Finland, Sweden, Norway, and Denmark—shares common features due to historical, cultural, and legal traditions:
Codified criminal law systems
All four countries rely on comprehensive criminal codes (e.g., Finland’s Rikoslaki, Sweden’s Brottsbalken).
Principle of legality (nullum crimen sine lege)
No one can be punished without a law defining the offence.
Proportionality in sentencing
Emphasis on rehabilitation, proportional punishment, and alternative sanctions for minor offences.
High level of prosecutorial discretion
Prosecutors may exercise discretion for minor offences while mandatory prosecution applies to serious crimes.
Focus on victim rights and procedural fairness
Scandinavian law strongly incorporates victim participation and protective measures.
Comparative themes:
Substantive law differences: Sentencing scales, corporate liability, and homicide classifications vary.
Procedural law differences: Investigation powers, pre-trial detention rules, and plea bargaining mechanisms differ.
Influence of EU law: Particularly relevant in Finland and Sweden.
2. Key Differences and Similarities
| Feature | Finland | Sweden | Norway | Denmark |
|---|---|---|---|---|
| Criminal Code | Rikoslaki (39/1889) | Brottsbalken (1962) | Straffeloven (2005) | Straffeloven (1930) |
| Homicide | Murder / Manslaughter | Murder / Manslaughter | Murder / Manslaughter | Murder / Manslaughter |
| Minor offences | Warnings common | Fines / community service | Mediation / fines | Fines / short imprisonment |
| Corporate liability | Yes, extensive | Yes | Yes | Yes |
| Procedural emphasis | Investigation by police, prosecution by prosecutors | Police-led investigation, prosecutors decide | Strong investigative powers for police | Police-led investigation, prosecution decides |
| EU law impact | High | Moderate | Low | Moderate |
3. Case Law Illustrating Comparative Scandinavian Criminal Law
Here are seven cases illustrating different aspects:
Case 1: Finland – KKO 2013:65 (Tax Evasion Warning)
Facts:
A company underreported income; prosecutor issued a warning instead of prosecution.
Findings:
Supreme Court allowed discretionary non-prosecution for minor offences.
Emphasis on proportionality and public interest.
Principle:
Finnish law allows flexible discretionary measures for minor financial crimes.
Case 2: Sweden – NJA 2004 s. 75 (Corporate Liability)
Facts:
A Swedish company violated environmental regulations.
Findings:
Court held that the corporation could be held criminally liable under Brottsbalken.
Imposed fines and required remedial measures.
Principle:
Sweden emphasizes corporate responsibility, similar to Finland, but with stronger environmental law enforcement.
Case 3: Norway – Rt. 2010 s. 1102 (Assault on Police Officer)
Facts:
Defendant assaulted a police officer during an arrest.
Findings:
Supreme Court of Norway imposed a custodial sentence emphasizing public order.
Principle:
Norway focuses on deterrence and public safety in serious offences, comparable to Finland, but with stricter sentencing in certain public order crimes.
Case 4: Denmark – UfR 2015.1755H (Domestic Violence)
Facts:
Repeated domestic violence against partner; initial prosecutor issued warnings.
Findings:
Court of Appeals required formal prosecution and custodial sentence.
Highlighted victim protection as central in Danish criminal law.
Principle:
Denmark emphasizes victim protection, aligning with Finland and Norway in repeated offences.
Case 5: Finland – KKO 2016:89 (Workplace Harassment)
Facts:
Victim complained about harassment; prosecutor terminated investigation.
Findings:
Supreme Court reopened the case, emphasizing sufficient consideration of evidence.
Principle:
Shows judicial oversight over prosecutorial discretion, a shared feature in Scandinavian law.
Case 6: Sweden – NJA 2012 s. 540 (Fraud and Sentencing)
Facts:
Defendant committed large-scale insurance fraud.
Findings:
Court imposed a fine and short custodial sentence.
Emphasis on proportionality and ability to repay losses.
Principle:
Sweden and Finland balance rehabilitation with deterrence, focusing on proportional sentencing.
Case 7: Norway – Rt. 2014 s. 451 (Environmental Crime)
Facts:
Illegal disposal of industrial chemicals affecting a river ecosystem.
Findings:
Court imposed significant corporate fines and remediation obligations.
Principle:
Norwegian law emphasizes environmental protection in line with Swedish and Finnish approaches, but enforcement and sentencing can be stricter.
4. Comparative Observations from Case Law
Proportionality:
All four countries emphasize proportionate sentences, especially for minor offences.
Victim Protection:
Recurrent domestic violence cases show increased prosecutorial and judicial attention in Finland, Denmark, and Norway.
Corporate Liability:
All Scandinavian states hold corporations accountable, with Sweden and Norway showing stricter enforcement in environmental crimes.
Discretion and Oversight:
Finland and Denmark allow considerable prosecutorial discretion for minor offences but ensure judicial oversight.
Influence of EU Law:
Finland and Sweden show higher incorporation of EU directives (financial crimes, bribery, human trafficking).
Sentencing Trends:
Norway and Sweden often use shorter custodial sentences with a focus on rehabilitation; Denmark emphasizes protection and deterrence.
5. Conclusion
Scandinavian criminal law shares common roots but differs in procedural emphasis, discretionary powers, and enforcement intensity:
Finland: Strong discretion, EU influence, judicial oversight.
Sweden: Corporate liability and environmental enforcement stronger; moderate EU influence.
Norway: Strong deterrence for public order offences, environmental enforcement.
Denmark: Victim protection central; discretionary prosecution exists but formal prosecution is prioritized for repeated crimes.
Case law highlights a balance between flexibility, proportionality, and public interest across the region, with shared commitment to codified laws, victim protection, and rehabilitation.
RELATED Blog
comments