Is the daily fine I have to pay average for the crime I was convicted of?
Hello,
I'm a student in Sweden.
Some months ago I was caught shoplifting for the amount of 550kr. I have never done something like this before, and when interviewed by the police I offered no excuses, admitted to it and agreed to a Summary Judgement by the prosecutor.
I received the letter today. It convicts me under Ch8.2 and the fine is set at 11.200kr (80 daily fines x 130kr + 800kr for the victim's fund).
Since I have waived my right to council all this time I'd like to ask before I pay, mostly out of curiosity: Isn't that a little steep? I don't want to sound like I'm minimising what I did, I feel awful about it, I just want to get a sense of where my fine falls on a scale (below average/ above average/ about average).
Thank you for your time
Lawline svarar
Hello,
Thank you for turning to Lawline to ask your question!
I will try to explain how daily fines are calculated and what practices are used. Further down you can find a shorter conclusion to your question.
Calculating daily fines
The crime that you were convicted of is called ringa stöld, which basically means a lighter form of theft where the object taken is of a limited value, like in your case. Being convicted can lead to either a fine or prison for 6 months depending on the circumstances.
When calculating the fine in a case like this, the court takes a few things into account. If you have to pay a daily fine, the court can give you anything from 30-150 daily fines to pay. The amount of money ranges from 50-1000 kr per fine. When deciding exactly how much to pay the court takes the convicted person's economic situation into account, looking at things like income, wealth, if they have children to support and so on (BrB chapter 25, 2 §). When deciding how many days fines you have to pay, the court instead looks at the severity of the crime and the circumstances in the particular case.
The Prosecution Authority and the courts have a practice for calculateing the sum of fines that they use in each case, to make sure it is always settled the same way. In this calculation they take into considerations all the factors mentioned above. When it comes to the number of fines, it is said in the general guidelines of the Prosecution Authority that in case of ringa stöld, when the object stolen has a worth between 500-600 kr, it should result in 80 daily fines. This can of course change if there are some unusual circumstances in the particular case, but normally the court follows the guidelines.
The 800 kr that you are to pay to the Victims' fund is also a kind of fixed sum that depends on the crime in the case. Someone who is convicted of a crime that can result in prison have to pay 800 kr. The crime you were convicted for could theoretically have resulted in prison, which means the 800 kr follows the common practice in this case.
Conclusion
Calculating fines is usually done in much the same way in Swedish courts, following a certain calculation when settling the sum and following the Prosecution Authority's guidelines to settle the number of fines. In you case, the number of daily fines follow these guidelines. The sum is difficult to say something about, as I know nothing of your economic situation. However, most likely it has been calculated based on the same principles used in all cases like yours. The 800 kr for the Victims' fund also follows common practice.
While I do understand that the sum you will have to pay all in all must seem rather steep compared to the value of the thing you shoplifted, it does seem like it follows the common practice and principles of calculating fines in the Swedish court.
I hope that you have received a sufficient answer for your question. If not, don't hesitate to pose another question on our website here.
Best regards,
