Prejudicerande

Prejudicerande is a Swedish adjective used to describe something that risks prejudicing or biasing a person or decision, especially in a legal context. It usually refers to information, circumstances, or conduct that could unduly influence the outcome of a case or the impartiality of a tribunal.

In the procedural law of Sweden, prejudicerande omständigheter or prejudicerande bevis are facts or material that are not directly disputed but could sway the court’s judgment. The concept is connected to safeguarding the right to a fair trial; such material is often treated with caution, restricted, or excluded if it could create an inappropriate bias. Examples include sensational media coverage about a party, or other information that is inflammatory but not essential to the issues being decided, or prior incidents that may not be legally admissible as evidence in the case at hand.

The term is distinct from prejudikat, which refers to a legal precedent or ruling that has binding authority for future cases. Prejudicerande describes the potential for bias in a single proceeding, whereas prejudikat relates to established principles that guide later decisions.

Etymology-wise, prejudicerande derives from the verb prejudicera, meaning to prejudge, which in turn comes from Latin roots related to judgment. The concept is used to emphasize the need for objective consideration and careful handling of information within legal proceedings.