straffspark

Straffspark refers to a legal concept in Swedish law, specifically the principle that a person should not be punished twice for the same offense. The term is derived from the Latin phrase *ne bis in idem*, meaning "not twice for the same thing," and is a fundamental principle in both Swedish and international criminal law. It ensures that an individual cannot be tried or punished more than once for the same criminal act, thereby protecting against double jeopardy.

In Sweden, the principle is enshrined in the Constitution and the Criminal Code, particularly in Article 2 of the Swedish Constitution, which guarantees the right not to be tried or punished twice for the same crime. This principle applies both domestically and in international contexts, such as within the European Union, where it is a cornerstone of the principle of mutual recognition of criminal judgments.

The straffspark principle has exceptions, however. For instance, it does not prevent retrial if new evidence emerges that could significantly impact the outcome, nor does it apply if the initial conviction was obtained through fraud or coercion. Additionally, different legal systems may interpret the principle differently, particularly in cases involving multiple jurisdictions or overlapping crimes.

The concept is closely related to other legal protections, such as the presumption of innocence and the right to a fair trial, reinforcing the broader goal of ensuring justice and fairness in the criminal process. It also plays a role in international cooperation, as it helps prevent conflicting convictions between countries, particularly within the EU framework.