The Benefit of the Doubt The Swedish Legal System
Why Breaking the Law? Judas Priest – Breaking The Law Lyrics There I was completely wasting, out of work and down All inside it's so frustrating as I drift from town to town Feel as though nobody cares if I live or die So I might as well begin to put some action in my life Breaking the law, breaking the law Breaking the law, breaking the law Breaking the law, breaking the law Breaking the law, breaking the law So much for the golden future, I can't even start I've had every promise broken, there's anger in my heart You don't know what it's like, you don't have a clue If you did you'd find yourselves doing the same thing too Breaking the law, breaking the law Breaking the law, breaking the law Breaking the law, breaking the law
Why breaking the law? #2 • Can’t handle the freedom we have? • More wealth … spare time… • Urbanisation…less social control … • Drugs …. • Working much – no control of children. • More?
Main Hearing (rättegång)
What happens in the courtroom? Is everyone present? • • The prosecutor’s claims The defendant (den åtalade) has the opportunity to respond. • The prosecutor presents the facts. • • Examination of the plaintiff (the victim – they ask questions to him/her) The defendant has the opportunity to respond. • Examination of witness • • Te defendant’s personal circumstances. Closing speeches. • Deliberation. • Judgement of the District Court. • • Nu ser vi filmen: https://www.youtube.com/watch?v=8r8XuX9ebPs
Different Types of Main Hearings • Criminal Cases Someone broke the law • Civil Cases (Contentious cases – tvist/ stridslysten) People have different opinons …. Inheritance … divorce … Often amicable settlement (förlikning)
Criminal Sanctions • To prevent other people from doing the same bad thing. (general prevention) • To protect citizens from the criminal person. • To prevent the criminal from committing more crimes. (individual prevention)
Different Sanctions Fine • Conditional sentence • Probation • • Imprisonment Compulsory care in certain cases. • Care of young persons • Juvenile community service. • Intensive supervision with electronic monitoring. • • damages Community service • Can be combined.
Appeal • The right to appeal. • Three weeks to hand in the appeal. • Tingsrätt – Hovrätt – Högsta domstolen • You may need ” leave to appeal ” (prövningstillstånd) – that means that the verdict will be important for the future. (prejudikat)
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