Section 22.Intent

Intent exists when a person commits an act that fits the description of the offence in a penal provision

Intent exists even if the offender is unaware that the act is unlawful, see section 26.

Section 23.Negligence

Any person who acts in contravention of the requirement of due care in an area of life, and who17. Imprisonment may be held to blame in view of his or her personal circumstances, is negligent.

The negligence is gross if the act is highly reproachable and there are grounds for significant blame.

Section 24.Unintended consequence

An unintended consequence is part of the assessment of whether an offence is aggravated if the offender has acted negligently with regard to the consequence or failed to prevent the consequence according to ability after becoming aware that it might occur.

Section 25.Factual ignorance

All persons shall be judged based on their perception of the factual situation at the time of the act.

If the ignorance is negligent, the act is subject to a penalty when negligent violation of the law is punishable.

Ignorance as a result of self-induced intoxication is disregarded. In such cases the offender is judged as if he/she were sober. The same applies if the person was in a self-induced state of unaccountability.

Section 26.Ignorance of the law

Any person who at the time of the act is unaware that the act is unlawful due to ignorance of legal rules shall be penalised if the ignorance is negligent.

Chapter 4. Enterprise penalties

Section 27.Penalties for enterprises

When a penal provision is violated by a person who has acted on behalf of an enterprise, the enterprise is liable to punishment. This applies even if no single person meets the culpability or the accountability requirement, see section 20.

«Enterprise» means a company, co-operative society, association or other organisation, sole proprietorship, foundation, estate or public body.

The penalty is a fine. The enterprise may also be sentenced to lose the right to operate, or may be prohibited from operating in certain forms, see section 56, and be subject to confiscation, see chapter 13.

Section 28.Factors in determining whether a penalty shall be imposed on an enterprise:

In determining whether an enterprise shall be penalised pursuant to section 27, and in assessing the penalty, considerations shall include

Chapter 5. Overview of the criminal sanctions

Section 29.The penalties

Section 34, second and third paragraphs, and sections 35 to 39 apply correspondingly insofar as applicable. However, section 39, second paragraph, fifth sentence, does not apply.

Section 61.Waiver of sentencing

Even if guilt is deemed proven, the court may, when exceptional reasons so warrant, waive sentencing.

In deciding whether exceptional circumstances apply, particular weight shall be given to whether imposing a sentence will have the effect of an unreasonable additional burden on the offender, provided that the purpose and effects of the penalty in general do not indicate that a sanction should be imposed.

Section 60, second paragraph, applies correspondingly.

Chapter 12. Committal to psychiatric care and committal to care

Section 62.Conditions for committal to psychiatric care

An offender who is unaccountable pursuant to section 20, second to fourth paragraphs, may be committed to psychiatric care by court order when he or she has committed or attempted to commit an offence that violates another person's life, health or freedom or that might endanger these legal interests, the special sanction is necessary to protect society, and the risk of another serious violation of someone's integrity seems likely.

An offender who is unaccountable pursuant to section 20, second to fourth paragraphs, may also be committed to psychiatric care by court order when he or she has committed repeated offences that are harmful to society or particularly bothersome, the special sanction is necessary to protect society against such offences, the risk of further offences of the same type seems particularly likely, and other measures have proven clearly unsuitable.

When assessing the risk of reoffending, emphasis shall be given to the offence committed in the context particularly of the offender's general conduct, illness history, current mental state and relationship with alcohol and drugs.

A person may also be committed to psychiatric care when the offender's state of unaccountability meant that he or she was in factual ignorance, see section 25, or the offender was otherwise in a state not compatible with having intent.

Section 63.Conditions for committing to care severely mentally disabled persons, etc.

Subject to the conditions specified in section 62, any person who is unaccountable pursuant to section 20 second to fourth paragraphs, may be committed to care by court order.

Care pursuant to this section shall be undergone in an expert unit of the specialist health service constituted for the purpose. When in the interests of the judicially committed person and not inadvisable for security reasons, the expert unit may pursuant to further regulations issued by the King enter into an agreement for the execution of care outside the expert unit.

The the judicially committed person may be held against his/her will and be returned in the event of flight, if necessary by force and with the assistance of public authorities. The expert unit has overall responsibility for the execution of compulsory care, including when the special sanction is executed outside the expert unit.

Section 64.Detailed provisions on execution of care

The following provisions of the Mental Health Care Act apply correspondingly to the execution of committal to care insofar as applicable:



The King may issue regulations providing that chapter 9 of the Health and Care Services Act shall apply correspondingly. The King may issue special provisions on applicable administrative proceedings.

The King will issue regulations containing detailed provisions on the execution of care pursuant to section 63, including provisions that identify which measures are subject to review pursuant to the rules in chapter 36 of the Dispute Act.

Section 65.Cessation of sanctions

Psychiatric care pursuant to section 62 and care pursuant to section 63 may be maintained only as long as the condition in section 62 regarding the risk of repetition is met.