frikännande

Frikännande is a term used in Swedish criminal procedure to denote an acquittal. It occurs when a court finds that the prosecution has not established the defendant’s guilt beyond a reasonable doubt, resulting in a verdict of not guilty on the charged offenses. A frikännande can apply to all charges in a case or, less commonly, to specific charges if the court clears those particular accusations.

In practice, frikännande arises after a trial in which evidence is weighed and arguments are presented by both sides. The standard of proof in Swedish criminal cases is high: if reasonable doubt remains about the defendant’s guilt, the court must acquit. The outcome means the accused is not punished for the offenses in question, and the case is generally considered closed.

The legal effect of a frikännande includes the protection against being punished for the same offense in the future, reflecting the principle of finality in criminal matters. However, a new prosecution can occur for different offenses or under separate circumstances if new and competent evidence emerges. Frikännande is distinct from other dispositions in Swedish law, such as a conviction, and is a formal acknowledgment by the court that guilt could not be proven to the required standard.