fasthållande

Fasthållande is a Swedish term that translates to "holding on" or "detention" and commonly refers to the legal practice of temporarily restraining an individual in situations where there is a reasonable suspicion of a crime being committed, or to prevent immediate harm. It is a measure distinct from arrest, which typically involves a more formal charge and intent to prosecute. Fasthållande is intended to be a short-term intervention, allowing law enforcement officers to assess a situation, gather further information, or ensure public safety.

The legal basis for fasthållande in Sweden is primarily found in the Police Act (Polislagen). It permits officers to detain individuals if there is a specific reason to believe they have committed or are about to commit an offense. This can also extend to situations where an individual is found in a place where it is prohibited to be, or if they appear to be under the influence of alcohol or drugs and pose a danger to themselves or others. The duration of a fasthållande must be as short as the circumstances reasonably allow, and the individual must be informed of the reason for their detention.

Key characteristics of fasthållande include its temporary nature and the requirement for a concrete, articulable suspicion. It is not a punitive measure but rather a preventative or investigative tool. If the situation clarifies and the grounds for detention no longer exist, the individual must be released immediately. In cases where grounds for arrest are established, the detention may then transition into a formal arrest. The actions taken during a fasthållande are subject to legal review, and individuals have rights concerning the justification and duration of their restraint.