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$Unique_ID{COW03531}
$Pretitle{441}
$Title{Sweden
The Freedom of the Press Act Chapter 10. On Special Coercive Measures}
$Subtitle{}
$Author{The Swedish Riksdag}
$Affiliation{Swedish Institute}
$Subject{order
art
seizure
publication
matter
court
printed
seized
article
ban}
$Date{1989}
$Log{}
Country: Sweden
Book: The Constitution of Sweden 1989 The Swedish Riksdaf
Author: The Swedish Riksdag
Affiliation: Swedish Institute
Date: 1989
The Freedom of the Press Act Chapter 10. On Special Coercive Measures
Art. 1. If there is reason to believe that printed matter may be subject
to confiscation in connection with an offence against the freedom of the
press, the publication may be seized pending a decision.
A ban on publication may furthermore be issued in respect of a periodical
in cases under Chapter 7, Article 8, pending a court decision.
Art. 2. If the offence is subject to criminal proceedings, the Justice
Chancellor may order the publication to be seized and issue a ban on
publication before charges are brought or application has been made to the
court for confiscation of the publication. It may be prescribed by statute
that a public prosecutor may be similarly empowered to order material within
his jurisdiction to be seized.
Art. 3. When a public prosecutor has ordered material to be seized, the
Justice Chancellor must be notified without delay. The Justice Chancellor
shall determine forthwith whether the order shall be upheld.
Art. 4. When the Justice Chancellor has ordered material to be seized or
has confirmed an order issued by a public prosecutor, public criminal
proceedings shall be instituted, or an application made for confiscation of
the printed matter, within two weeks from the date on which the Justice
Chancellor made his decision. If the foregoing provisions are not observed,
the seizure order and any accompanying ban on publication becomes void.
Art. 5. Once criminal proceedings have been instituted for an offence
against the freedom of the press or following an application to the court for
confiscation, the court may order material to be seized and issue a ban on
publication or revoke a seizure order or a ban on publication which has
already been issued.
In reaching its decision in such an action, the court must determine
whether any order which has been issued shall continue to be in force. If a
case is dismissed because the court is not competent, or if the court
otherwise dismisses a case without determining whether the printed matter is
of a criminal nature, and if there is reason to believe that there will be an
application for confiscation in another action, the court may confirm the
order for a limited period to be determined by the court. If no action is
brought within that period, the order becomes void.
Art. 6. A seizure order shall contain a statement as to the passage or
passages in the publication which occasioned the order and shall apply only to
the volume, part, issue or instalment in which the passage occurs.
Art. 7. A seizure order shall be effected by the police authority
forthwith. The dissemination of printed matter which has been seized is
subject to prohibition under Chapter 6, Article 3.
Art. 8. Seizure of printed matter shall relate only to those copies which
were intended for dissemination.
Proof of seizure shall be furnished free of charge to the person on whose
premises seizure was effected and to the person who printed the material. Such
proof shall contain information concerning the passage or passages in the
publication which occasioned it to be seized.
Art. 9. When a seizure order has been revoked or has become void, the
order shall be reversed forthwith.
Art. 10. Repealed.
Art. 11. If, at such time as the country is at war or is exposed to the
danger of war, printed matter is discovered in a unit of the armed forces, and
that matter manifestly constitutes such incitement punishable under the
provisions of Chapter 7, Article 4, as may induce members of the armed forces
to neglect their duties, such matter may be impounded pending a seizure order,
on a decision of the officier competent in law to decide matters of
disciplinary responsibility in respect of the unit concerned.
If there is danger in delay, action as aforesaid may also be taken
without such a decision by another officer under provisions established in
law. Such action shall however be reported without delay to the officer
referred to in the foregoing paragraph, who shall consider forthwith whether
the material shall remain impounded.
Art. 12. When a decision has been made under the provisions of Article 11
to impound printed matter, a notice to that effect shall be submitted to the
Justice Chancellor without delay. The Justice Chancellor considers forthwith
whether the publication shall be subject to seizure.
Art. 13. The provisions of law generally applicable to the seizure of
objects liable to forfeit shall apply to the seizure of any periodical
disseminated in violation of a ban on publication or manifestly constituting a
continuation of a periodical specified in such ban.
Art. 14. If a copy of printed matter can reasonably be assumed to be of
importance in connection with inquiries relating to an action concerning the
freedom of the press, it may be seized. The provisions of Articles 2 and 3,
Article 5, first paragraph, Article 6, Article 7, first paragraph, and Article
9 shall apply in this connection. The general provisions of law concerning
seizure shall also apply in relevant parts.