États-Unis d'Amérique

Suède

Moyens de faire respecter les DPI

Procédures et mesures correctives civiles et administratives

7. Article 43.2 provides that, in the event a party refuses to provide information ordered by judicial officials, those officials may be authorized to make preliminary and final determinations adverse to that party. IP/N/6/SWE/1 states that fines can be imposed in the event a person fails to produce a document ordered by the court. May judges order parties to provide information not contained in a document and have the authority to make determinations adverse to the party refusing to provide information or documents?

In addition to the provisions on documentary evidence contained in Chapter 38 of the Code of Judicial Procedure, that Code also contains provisions on the hearing of witnesses (Chapter 36), of parties under truth affirmation (Chapter 37), or experts (Chapter 40) and on examination of objects (Chapter 39). Also, a special provision in the Code deals with the evidentiary value to be given to a party's behaviour in the proceedings. In this respect, Chapter 35, Article 4, prescribes that if a party fails to respond to an order by a court to appear before it or to perform any other procedural act, or refuses to answer a question relevant to the investigation, the Court shall determine, in view of all the relevant circumstances, the evidentiary significance of the party's behaviour. Generally speaking, the Court shall, in accordance with what its conscience dictates, determine what has been proved in the case after evaluating everything that has occurred in the proceedings (Chapter 35, Article 1, of the Code of Judicial Procedure). This is the so-called "Principle of Free Evaluation of Evidence" upon which the Swedish Court procedures, and legal system in general, are based.