Different kinds of criminal intent and the effect of criminal records on permanent recidency applications

Question

The grocery store staff stopped me at exit and asked to check my bag. Yes I had forgotten to scan all items in my bag, because I was lost in my thoughts and worried about my child leaving for weekend and his health not being totally fine. I had some items in hand which I did scan. They called police and a complaint for ringa stöld was filed. I agreed that I have missed scanning but that was not my intent. I was occupied in my thoughts and I have the money to pay for those items. I am now ok to pay the fine as well. No fines are paid yet and I have a perliminary date for court on 12-sep.
I am currently on work visa. I am gonna apply for me and my family Permanent Residency request in 3 months with help from my employer. The amount of theft was around 350sek. I was alone and my family has nothing to do with this. I am the main applicant of my visa. I and my spouse are both having good salaries and living a well behaved life since last 7 years. I have no previous offences.
1. They have CCTV footage etc, but the reason was I was lost in my thoughts, however they dont believe me. Is there any chance that the court will consider me innocent?
2. Should I wait for proceddings and go as they say, or call police and say that I am ready to pay the fine and try to close this soon?
3. Admitting the crime and paying fine is it better than fighting in court?
4. Will this theft affect my PR application?
5. Will it affect my spouses and childs PR application?

Answer 1

Hi, and thanks for turning to us with your question. I will be using Brottsbalken (BrB) to answer your questions.

First question

According to 1 chaper 2 § BrB an act is only a criminal act if perpetrated with intent, unless stated otherwise. The act you are accused of having perpetrated has fulfilled all of the objective requirements for ringa stöld, however the prosecutor still has to prove that you committed the act with intent.

In regards to intent there are three different variations in Swedish law. There is the premeditated intent, where you act with the intent of committing said act.

Then there is the indirect intention, where you realise that a circumstance or consequence is practically certain to exist or happen but you still proceed with the act either way. An example would be if it is not your premeditated intent to steal a certain object, but you realise that you most likely did not scan it and exit the store without scanning it either way.

The third form of intent is intentional indifference. Here you realise that there is a chance that a circumstance or consequence can exist or happen, but you are indifferent to the outcome. For example, you do not know for certain that there is an unscanned and unpaid object in your bag, but you realise there is a chance there is, but you are indifferent to that fact and exit the store either way.

The prosecutor has to prove beyond reasonable doubt that you committed the criminal act with intent. If you or your lawyer can provide enough evidence in disproof of this claim such that a judge cannot claim that you acted with intent beyond reasonable doubt, then you will not be held liable for the alleged crime.

Second and third questions

When you write about paying a fine and closing up the ordeal without a trial, I assume you are talking about a strafföreläggande, or summary imposition of a fine in english. Whether or not to accept such a fine is a choice only you can make. If you accept the fine then it will have the same legal implications as if you’d been convicted in court. It will appear in your criminal record. But as you yourself write, you won’t have to attend court. It’ll probably be cheaper as well.

If you refuse the fine and take the case to court then you’ll most likely have to hire and pay a lawyer out of your own pocket, which can drastically increase the cost. In some cases the court can choose a public legal counsel for you, which the court pays in your stead if you win the case. If you lose you might have to pay the counsel yourself, but sometimes even then depending in your income the court can still pay some of the costs. However according to 21 chapter 3 a § Rättegångsbalken likely not applicable in your case since the crime you are accused of has too mild of a punishment (six months in jail at the MOST). Usually a crime has to result in MINIMUM six months in jail in order to warrant a public legal counsel. You can however still ask the court for such a councel, and in some circumstances it can be given.

But most likely you would have to find a private legal counsel on your own that you’d have to pay out of your own pocket, or represent yourself in court without a legal counsel.

In short, if you believe you have a chance of disproving the prosecutors claim that you acted with intent then it might be a good idea to give that a try. Otherwise accepting the fine is simpler and cheaper, but with the caveat that you’ll have a criminal record.

Fourth and fifth questions

To be granted permanent residency in Sweden, it is important that you are not likely to commit crimes in the future. Therefore, there are requirements for those applying for permanent residency to live a law-abiding life. To assess this, the Swedish Migration Agency needs to look at how you have lived so far, such as whether you have been convicted of or are suspected of any crimes in Sweden or abroad.

There are no detailed rules regarding the types of crimes or the length of sentences that may prevent you from being granted permanent residency. It is not only about serious and severe crimes; even less severe offenses can be an obstacle if you have also misbehaved in other ways.

If there is reason to suspect that you will not live in a law-abiding manner in the future, the Migration Agency will weigh these suspicions against your reasons for obtaining permanent residency. The agency takes into account the nature of your misconduct and how long ago the incidents occurred.

In other words if you are convicted of ringa stöld then it might affect your application for permanent residency. However, it might also not matter at all. The Migration Agency does an overall assessment of all your circumstances.

The Swedish Migration Agency will first process your application for permanent residency. If you are granted permanent residency, your family's application will then be considered.

Regarding your family
This means that your family members will no longer apply as co-applicants with you as a worker, but rather as relatives of someone with permanent residency. Therefore, in most cases, you will need to meet a maintenance requirement (depending on how old your children are).

Only when the requirements for extended residency for the family are met will the family's application for permanent residency be considered.

As the main applicant, your conduct could affect your family’s application. If your application is denied or delayed due to the theft charge, it may also delay your family’s application.

However, your spouse and child’s independent behavior, including the fact that they have no involvement in the incident, will also be considered. If their applications are based solely on their relationship to you and your application faces issues, it could potentially affect them.

Summary

The act you comitted fulfills the objective criteria for the crime but the prosecutor still has to prove that you acted with some form of intent. If you take it to court you can try to disprove the prosecutor's claim, but some form of evidence to support your claim except your own testimony would benefit you greatly. If you accept the fine then you won’t have to attend court which would most likely be cheaper by a large margin, but the crime of ringa stöld would still appear in your criminal records.

Being convicted of a crime, even a minor one such as ringa stöld, could potentially affect you and your family’s application for permanent residency. There isn’t a clear cut answer to that question since the Migration Agency does an overall assessment of all circumstances, such as talking to your employer to see what they have to say about your general behaviour.

All in all, taking the case to court will remove any risks with your PR application IF you are acquitted but whether you are convicted or acquited this option will probably be more expensive (with a large margin unless you represent yourself) than just accepting the fine.

If you have any further questions about your case, please feel free to contact me at [e-mail], and I will do my best to assist you further. Since you have requested a follow-up call, I suggest that I call you on Wednesday, September 4th, around 12:00 PM. I will call from a private number. If this time does not suit you, please let me know via email, and we can arrange a new time. I can also connect you with our regular law firm services if there are still uncertainties after our conversation.

Best regards,