Criminal responsibility for bidragsbrott

Question

Hey!

I am in a very problematic situation. Unintentionally I might take too much benefit from F kassan. I just realised the problem. I want to tell it to the authorities and want to pay back the money. What happens if I myself report that there has been too much money receiving? Would they sue me anyway? The total amount is like 24000 Kr. And it happened 4 months. Since myself declared the problem, is it still be considered bidragsbrott?

And the last question I am now abroad. Since I am not in Sweden anymore. Would they still sue me or the prosecution would drop in those bidragsbrott cases?

Answer 1

Thank you for reaching out to us with your question!

I will assume for this answer that you are not a Swedish citizen.

Bidragsbrott

Bidragsbrott is regulated in Bidragsbrottslagen. It concerns economic benefits from amongst others Försäkringskassan, 1§. To commit bidragsbrott one has to submit false information, alternatively neglect to report changed conditions in such a way that an economic benefit risks being incorrectly paid out, or paid with a higher amount, 2§. This has to be dome either with intent or gross negligence. The requirement on negligence is fairly high and is mostly limited to conscious negligence,. The penalty for a crime due to negligence is generally lower than if the crime was committed with content, see åklagarmyndighetens guidelines. Since I don't have the information on what lead to the incorrect payment I can not give you a specific answer to your eventual criminal responsibility, what I can conclude is that 24.000 kr is considered a fairly high amount in relation to bidragsbrott.

Discharge

For discharge to be applicable the correction has to be made prior to the payment of the benefit, see 5§ Bidragsbrottslagen. There is no general provision for discharge even if an amendment is voluntary, if it is submitted after the benefit has been received. Försäkringskassan also has an obligation to report it if it can be suspected a bidragsbrott has been committed, 6§.

Jurisdiction

Since bidragsbrott is a crime, exaction of responsibility would be through prosecution. The jurisdiction for the Swedish courts is regulated in Brottsbalken, and 2kap. 2§ states that the jurisdiction encompasses all crimes committed within the Swedish state. There is no restriction considering people who have since left the country.

Conclusion

In summary I can not state for sure if your situation falls under the reach of bidragsbrott, what I can say is that a voluntary correction after the benefit has received is not a reason for discharge according to Bidragsbrottslagen.

I hope the answer has been helpful, otherwise you are welcome to reach out to us again!