Våld mot tjänsteman, alternativt våldsamt motstånd
Hey! Hope it's ok To adress My inquiry in English! Over the weekend(25/July/2014) in Slussen Metro station! We witnessed Security personnel misshandling a Swedish Guy. He was placed Down on the floor, handcuffed and he had given up but These Security People (Vakter) over 6 guys pressed Him so hard on the floor.,, Other With their shoulders pressing his neck. People gathered and we all reacted To the way the Guy was being treated. The Security increased and People all increased. Thereafter Security began kicking us out of the station.. -as that happened, i told the Guy let me go take My train home.. The Security Guy Did listen To me.. He instead pushed me so bad in My chest out of the station. I Felt so much pain.. N overreacted, shouted at Him as To why he had To Push me that bad. As i shouted at Him With My hands pointed at Him.. My phone flipped from My hands and hit Him in the back... In no minute all the Security Guys turnéd To me and put me on the floor .. Pressed me so hand n handcuffed me.. I Didnt resist no arrest. They took me To some of their nearby facility n waited until police came! I was taken To fängelse For 2 hours until They called To give My statement. But i know the Guy Claimed that i hit Him With My phone which was intension and he Also Said i resisted arrest. In My statement i told the police that the phone hit Him out of reaction but not intensionally and i Didnt resist no arrest! So now em waiting For their investigation ... Since everything is on Camera .and then They get back To me! So as u read the whole story, what are the expected punishment For me in case the judge rules me guilty? And what is your advise? Thanks so much!
Lawline svarar
Hi! And thank you for your question!
First of all there are two crimes that are current in this situation that you have described. The first crime is called ''våld mot tjänsteman'' and it means violence against white-collar worker, and it's regulated in the 17 chapter 1 § of the Swedish penal code. The article states that you can receive up to 4-years in prison as a penalty. If the crime is considered to be petty offences then you can get a fine or up to six months in prison as a penalty instead. And even though the article only states that you can get prison as a penalty it's not always the case in court. When the court is going to chose penalty/sanction there are several things that are taken in to consideration. So based on the information in your question it's not possible to give you an exact answer in advance on what the expected punishment are going to be in case the court finds you guilty.
However it's up to the prosecutor to show premeditation on the part of the perpetrator. And if the prosecutor succeeds with showing that the act was a kind of premeditation and malicious intent, then it can't be excused. But if the prosecutor fails you don't have to prove that it was an accident or mishap because it's the prosecutor that carries the burden of proof.
The second crime that can be current if the crime isn't considered as ''våld mot tjänsteman'' is the crime ''våldsamt motstånd'' and it means violent resist, and it's regulated in the 17 chapter 4 § of the Swedish penal code. The article states that you can receive a fine or up to six months in prison as a penalty. And this crime is current if no other §§ (articles) in chapter 17 are applicable.
My advice to you is that you let the prosecutor and the police do their job. And if you have evidence that can help you I strongly recommend that you hand them in to the police. And if you know the name of witnesses I also recommend that you inform the police so that they can hear them. And if you already have or are going to receive a lawyer, I strongly recommend that you have faith in your lawyer and that you also have a good contact so that he or she can help presenting your case in the best way.
I hope that this brought a bit clarity in what you can expect to be charged on and what kind of penalty that's expected. And I also hope that you now feel like you know how to proceed. Hope it works out for you, and if you have any more questions you're more than welcome to send it in!
Sincerely,
Abraham Zeito
