Straffprocessen

Straffprocessen, or criminal procedure, is the legal framework that governs how criminal cases are investigated, prosecuted, decided, and enforced. In Sweden, the process is largely regulated by the Rättegångsbalken (Criminal Procedure Code) and aims to balance public safety with the protections of the individual, such as the presumption of innocence, the right to a fair defence, and equality of arms.

Initiation and investigation: A case usually begins with a förundersökning (preliminary investigation) conducted by the police and, in some matters, by a public prosecutor. Evidence is gathered, suspects are questioned, and witnesses examined. Suspects may be detained under strict conditions (häktning) during the investigation.

Prosecution decision: After the investigation, the public prosecutor decides whether to väcka åtal (bring charges) or avskriva (dismiss) the case. If charges are filed, the case proceeds to trial; if not, the matter ends there.

Trial: The main hearing occurs in a district court (tingsrätt). Cases are decided by a panel that typically includes a professional judge together with lay judges (nämndemän), or in some instances solely by professional judges. The defence and prosecution present evidence, hear witnesses, and may call experts. The standard of proof is beyond reasonable doubt, and defendants have rights to counsel, to confront witnesses, and to a fair defence.

Judgement and penalties: If the defendant is found guilty, the court issues a dom (judgment) and imposes penalties such as böter (fines) or fängelse (imprisonment), along with possible probation or other sanctions.

Appeals and enforcement: Decisions can be appealed to the Court of Appeal (hovrätt) and, with permission, to the Supreme Court (Högsta domstolen). Enforcement of sentences is carried out by the Swedish Enforcement Authority (Kronofogden). The process emphasizes timely resolution and adherence to due process.