Tokens: Lastly
,
Swedish
criminal
law
did
not
have
a
criminal
offence
of
covert
photography
or
filming
at
the
relevant
time
.
Application
by
analogy
of
the
criminal
offence
of
sexual
molestation
to
the
detriment
of
the
defendant
was
evidently
ruled
out
.
After
the
amendment
to
the
Penal
Code
of
April
2005
,
the
Sexual
Offences
Commission
considered
that
the
new
Chapter
6
,
Article
10
§
2
of
the
Swedish
Penal
Code
included
actions
directed
at
persons
unconscious
or
asleep
,
and
therefore
could
also
encompass
covert
filming
of
a
person
in
a
sexually
intrusive
way[25
]
.
Yet
this
very
questionable
interpretation
did
not
prevail
in
judicial
practice
.
The
Government
did
not
provide
the
Court
with
case
-
law
confirming
that
interpretation
.
Furthermore
,
the
Government
themselves
acknowledged
that
further
amendments
to
the
Penal
Code
were
needed
to
criminalise
the
conduct
of
the
defendant
.
That
is
why
the
recent
bill
on
intrusive
photography
and
filming
was
approved
.
In
fact
,
this
legislative
initiative
can
not
but
be
read
as
a
confession
by
the
Government
of
the
existence
of
a
legal
flaw
in
the
domestic
criminal
-
law
system[26
]
.
It
remains
to
be
seen
whether
that
shortcoming
is
relevant
in
terms
of
the
protection
required
by
the
Convention
rights
.
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