The Ministry of Justice states in the draft legislative intent document that, as the Penal Code has not undergone significant changes for the past 10 years, it could be updated to include provisions that would increase penalties for certain violent crimes or criminalize some currently unpunishable actions.

First, the ministry notes that while the law currently provides penalties for credible threats involving killing, bodily harm or large-scale destruction of property, it does not cover threats of abuse or unlawful detention.

In effect, the ministry would like the law to consider that if someone credibly states they are willing to hit or unlawfully detain someone, the necessary elements of a criminal offense would already be met.

"There is no reason why such inherently serious threats should go without a criminal response simply because the person making the threat does not explicitly state what specific actions they intend to take or how those actions would harm the victim's health," the drafters wrote.

"Such credible threats have a similarly devastating impact on the victim's mental health," the document states.

According to the ministry, processing such threats would also become easier for the Police and Border Guard Board (PPA), as there would no longer be a need to precisely determine the wording of the threat.

Second, the Ministry of Justice proposes that if someone physically assaults another person without causing lasting injury, the potential sentence could increase from the current one year of imprisonment to three years. The ministry believes this would allow for more appropriate sentencing based on the severity of the injury.

The ministry also suggests that a person could face up to three years in prison for harming another person's mental health.

"The goal is to offer clearer protection for victims' mental health — not only alongside physical harm prevention but also by bringing mental health impacts more visibly into the legal framework, making it possible to prosecute cases where only mental harm has occurred," the ministry noted.

Until now, victims of mental harm have had to identify a concurrent episode of physical harm so that investigators could also examine the mental health impact.

"As a result, the situation for victims of psychological violence will improve, offering them more support and assistance during legal proceedings. Prosecuting offenders will also likely increase victims' confidence in the justice system," the ministry added.

The ministry primarily envisions these provisions applying to cases of domestic violence. It also proposes including harsher penalties in situations where the offender and victim were previously in a close relationship, even if that relationship has since ended.

"Research shows that for controlling partners, the risk of both non-violent and violent controlling behavior increases after a breakup. A Swedish study indicates that around 10 percent of women experience assault or harassment by a former partner after a separation," the ministry noted.

"Even though the cohabitation has ended, it is often the former partner who knows best how to harass their ex-partner in the most malicious ways and, due to the previous relationship, typically has easier access to the victim," the document states.

The ministry also expressed concern that, under current law, it is not possible to prosecute someone criminally for failing to assist a dependent person — such as someone with mobility issues — unless their life is endangered. As it stands, penalties apply only if the neglect poses a life-threatening risk.

The ministry believes criminalizing such neglect would help reduce potential problems in care facilities and encourage staff to take better care of residents.

Finally, the ministry proposes that if an animal has posed a danger or injured people or their property, the owner could be banned from keeping animals for up to five years. Currently, the law only allows such a ban as an additional penalty for those convicted of abusing animals.

The Ministry of Justice has sent the draft intent document on amending the Penal Code to various state institutions and interest groups for feedback. The ministry considers it likely that a bill will ultimately be drafted.

--

Follow ERR News on Facebook and Twitter and never miss an update!