Sweden Proposes Legal Framework to Regulate Police Provocation Tactics

The Swedish government has put forward a proposal to legally regulate police provocation measures aimed at uncovering serious crimes, particularly sexual offenses against children and drug offenses. Investigator Stefan Johansson's proposal, received by Justice Minister Gunnar Strömmer, calls for explicit legal permission for police to employ 'special provocative measures' within ongoing investigations where there is reasonable suspicion of a crime. These measures would permit police to impersonate drug buyers or children offering sexual services online.

Currently, police use such tactics without clear legal regulation, causing hesitancy in their application. The proposal seeks to clarify the conditions under which provocation is permitted, including targeting suspects under 15 years old if suspected of serious crimes with a minimum sentence of four years, such as preparation for murder. For adults, provocation is limited to crimes punishable by at least one year in prison, with some exceptions for child sexual offenses.

A notable feature includes allowing police to create and distribute fictitious child pornography images to infiltrate forums for investigating severe child sexual crimes. Additional measures include the insertion of fictitious vehicle data into traffic registers to conceal police ownership during operations. Justice Minister Strömmer emphasized that provocation should never result in crimes that would not have otherwise been committed.

The legal changes are intended to take effect on March 1, 2027, aiming to enhance investigative capabilities while ensuring proper legal boundaries for these sensitive tactics.