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312
III. CONSTITUTION AND ADMINISTRATION.
passed but not yet in force, rights of lien enjoying priority to that of t
applicant for the realization of the estate shall not be invalidated.
Among Property Rights of an Immaterial Nature the following are i
cognized and protected by Swedish law: Literary and artistic copyrig
and industrial proprietorship in certain forms (patents, trade-mart
patterns); Sweden adheres in those particulars to the international Co
ventions of Berne 1886 and Paris 1883. The firm-name of a commerci
house is also protected by law after it has been duly registered. Fami
names too are protected against misappropriation, though the protects
afforded is only partial.
Criminal Law.
Swedish criminal laws as a whole embrace first and foremost the get
eral criminal code, in addition to which there are the special criminal coc
for the military and naval forces and a number of isolated penal claus
emboidied in other statutes. It is deserving of especial mention that an
breach of the law respecting the contents of a printed publication is dea
with exclusively in accordance with the penal clauses of a liberty of tl
press act, ranking in sancity and authority with the fundamental lav
of the land.
The general criminal code was promulgated in 1864 and, notwithstäni
ing a few partial amendments in its terms introduced since, it still remaii
for the most part as it was first issued, reflecting the conceptions chara
teristic of foreign criminal law codes of that day.
According to the ideas forming the basis of Swedish criminal law, punisl
ment comes into play as a deprivation or pain inflicted upon any misd
meanants, provided they be in their right minds, as a retribution for tl
acts committed by them that are reprehensible from the point of vie
of the community as a whole. Of special measures —- apart from punisl
ment — for protecting the community against individuals of subversive <
law-breaking tendencies, there are only very faint traces in the Swedis
criminal laws (certain so-called subsidiary punishments). Moreover, whei
law paragraphs concerning such measures exist, they have been accorded
civico-legal character differentiating them from those of the criminal coc
proper, their administration accordingly devolving on civil officials an
not on courts of law. This holds good both as regar-ds measures prescrihf
for the taking in charge of dangerous lunatics, who being unable 1
exercise control over themselves are deemed by the courts to be irresponsib
for their actions, and as regards the imposition by law of compulsory laboi
upon tramps and casuals; the same character also attaches to the clausi
concerning the forcible detention of habitual drunkards in the law passe
in 1913. Not until quite recently has the close connection existing betwee
individual preventive measures and punishments led to prescriptions r>
lating to such preventive measures appearing in the criminal code. B
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