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Okay to do drugs in Denmark: Swedish court

Published: 29 Sep 12 13:25 CET | Print version
Online: http://www.thelocal.se/43520/20120929/

A 19-year-old woman who was arrested in Sweden for being under the influence of drugs has been acquitted by a Swedish court after the woman claimed she had unknowingly ingested the drugs while in Denmark.

The Swedish teen was arrested in Alvesta in southern Sweden and a subsequent blood test revealed she had amphetamines in her system, according to the local Smålandsposten newspaper.

During her trial, however, the woman explained that the drugs had likely come from a capsule that a man had emptied in a drink he bought for her in a bar in Denmark.

She admitted, however, that she never inquired as to the contents of the capsule.

Regardless, the 19-year-old's account of events was enough to sway the court to throw out the charges against her.

“There is nothing to contradict XX’s own claims that she used the drug in Denmark. She wasn’t arrested in Denmark and no drugs were found on her,” the Växjö District Court said in its ruling.

The court also explained that in order for a Swedish court to convict someone for a crime committed outside of Sweden, the act must also be considered a crime in the country in which it took place.

The court cited similar cases involving people arrested in Sweden for being under the influence of drugs taken in Denmark.

In March 2011, a Swedish court acquitted a 57-year-old woman who had also been arrested in Sweden for being high on amphetamines, but claimed in court she had taken the drugs in Denmark.

At the time, local police officer Ulf Bejrum lamented the use of the “Denmark defence”.

"This means that practically every person in the south of Sweden could say, 'I've just come back from Denmark,' and get away with taking drugs," he told the Hallansposten newspaper following the 57-year-old’s acquittal.

According to Danish law, being under the influence of amphetamines is not a crime, although possessing the drug for personal use is,

TT/The Local/dl (news@thelocal.se)

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13:55 September 29, 2012 by johan rebel
If Sweden were to adopt the same sensible laws that Denmark has, then the police and courts could focus on apprehending and prosecuting real criminals.

Even better, just legalize all drugs once and for all.
15:35 September 29, 2012 by Rishonim
@Johan, you are asking the Swedish justice system to apply logic to their laughable laws and I don`t`think that's going to happen anytime soon. About catching real criminals; that's not going to happen either. For that to happen we need a real police force and not the speed and parking warders we have going about on the weekends harassing drunk kids for peeing in an alley.
16:45 September 29, 2012 by Migga
Swedens judical and police system haven`t caught up to the changes that the world have gone through. Sweden doesn`t look like it did 25 years ago, the laws are still on par with those in the 1980s.
19:08 September 29, 2012 by Hisingen
Oh how I agree. That way the roads will be free from traffic, since all the drugheads will have piled up against walls, trees, houses, and other vehicles.

Free all drugs, open the asylums and let the nutters out, lets have a wonderful free for all. LOL.

Or we could continue as we are, and keep those under the influence of drugs and alcohol off the streets, such that normal people can go about their business un-troubled by those who are out of their minds.

As to this judgement, I feel it is flawed in that the offence was still being committed on Swedish soil, and punishment should have been accordingly. ;-)

But then, the Swedish judiciary do think differently to the man-in-the-street.
20:23 September 29, 2012 by stigskog
Is it illegal to refuse to give a blood sample ?
22:13 September 29, 2012 by Abe L
I fully concur with #1.
09:14 September 30, 2012 by smilingjack
when are the kids going to learn. just go out and drink yourself stupid until you pass out and choke on your own vomit. or drink and get violent - attack strangers and your family in a drunken rage. Do irreparable damage to your body. Alcohol widely available and the friend of all governments.

But under no circumstances take amphetamines or smoke pot.

Look at the shiny red engorged bulbous noses, broken capillaries and huge waist lines of the pollies and cops to see the fabulous side effects of alcohol. 100% legal.

Plus that added bonus of being sophisticated if you drink where as everyone knows pot smokers and other drug takers are ALL losers. American TV tells us so therefore it must be correct.
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