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- Suominen, Annika, 1982-, et al.
(författare)
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Country report Finland
- 2020
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Ingår i: Harmonisierung strafrechtlicher Sanktionen in der Europäischen Union. - : Nomos Verlagsgesellschaft. - 9783848760817 ; , s. 185-215
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Bokkapitel (refereegranskat)
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- Edstedt, Lars, 1981-
(författare)
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Mellan åtal och dom : Om underlaget och ramarna för rättens bedömning av frågorna om skuld, rubricering och påföljd
- 2024
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Between Indictment and Judgment. On the Basis for and the Limits of the Court’s Assessmentof Questions Concerning Guilt, Legal Qualification and Sentence.This study concerns the relationship between the indictment and the judgment in Swedish criminal procedure. Three central aspects of the criminal judgment are covered: The question of the accused’s guilt (the alleged criminal act in the indictment), the legal qualification of the offence and the sentence. The rule governing this relationship, between indictment and judgment, can be found in Chapter 30 paragraph 3 of the Swedish Code of Judicial Procedure. The requirements on the contents of the indictment are carefully examined, as well as other procedural acts, by the accused and by the court itself through its direction of the proceedings, that can have an effect on the limits of the court’s examination of criminal cases.Two questions of paramount importance are covered in-depth: How detailed must the indictment be (and what are the consequences of vagueness in the indictment)? And how should the principle that the court is bound by the indictment be interpreted? It is argued that a flexible standard for the indictment should be applied, allowing different legal consequences for varying deficiencies. With regard to the court being bound by the indictment, is argued that the theory of literary interpretation of the indictment is flawed, and that the demands of the principle of contradictory proceedings should determine the boundaries of the criminal act in the indictment.The study also contains a comprehensive examination of the case-law of the European Court of Human Rights concerning the right of the accused to be informed of the natureand cause of the accusation, contained in Article 6 § 3 (a) of the European Convention of Human Rights.The material rules of immediate interest are explored against the backdrop of a lengthy investigation into their historical and ideological underpinnings. The history of Swedish criminal procedure is described, as well as various theoretical developments. In particular, the question if Swedish criminal procedure should best be described as inquisitorial or accusatorial/adversarial and questions concerning the function of criminal procedure are investigated.
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- Hjertstedt, Mattias, 1974-
(författare)
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Tillgången till handlingar för brottsutredare : En rättsvetenskaplig studie av beslag med husrannsakan, myndigheters utlämnandeskyldighet samt editions- och exhibitionsplikt
- 2011
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Rules that give police and prosecutors access to information are of great importance for the combating of crime, but they might also violate human rights. This thesis focuses on documents, which often contain information that criminal investigators need.The overall aim of this thesis is to analyze in what ways Swedish legislation enables criminal investigators to gain access to documents and to discuss what means they should have for receiving such objects. This analysis is carried out through closer study of the legal regulation of seizure combined with the search for objects, public access to official documents, and the obligation of authorities to provide other authorities with information, as well as the obligation to produce written evidence or objects of inspection.The aim of the thesis is to survey and call into question the law as it stands as well as discuss possible solutions to some of the problems. The basis of the critical analysis provided is that good legislation should be well-balanced, clear and coherent. The material used comes primarily from Swedish legal sources, and is also based on case law handled by the European Court.One conclusion reached is that seizure in combination with search seems to be the most important regulation concerning the need of criminal investigators requiring to access private documents, while the obligation of authorities to provide other authorities with information seems to be the main basis on which to receive documents held by authorities. Another conclusion is that the rules under scrutiny here seem in some respects to be unbalanced, unclear and incoherent.
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- Jarnesand, Marie, 1980-
(författare)
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Högsta domstolen och enhetligheten : Om enhetlighetsargumentets betydelse för prejudikatprocessen
- 2023
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Argumentation of uniformity with respect to the Supreme Court has a long tradition and appears in the procedural law context in a variety of ways. It is widely used as a motive for introducing or arguing against changes in the process order, as well as an argument to justify that the Supreme Court must and should act in a certain way. Argumentation of uniformity is further used to legitimize as well as evaluate and criticize the Supreme Court’s role as precedent body. In this doctoral thesis the use and significance of uniformity argumentation regarding the Supreme Court, hereafter the uniformity argument, is examined, analysed and nuanced. A preliminary point of departure for the study is that the uniformity argument may not be as uniform as it appears at first glance. What appears to be the same argument, may in fact hide nuances, different layers or even contradictions, which can be brought to light by studying the uniformity argument more closely in the different contexts in which it is raised.In conclusion, I have highlighted some possible distinctions in the uniformity argument. Among other things, I have pointed to a broader uniformity argument and a narrower one. The broader uniformity argument is described as including both questions of law and questions of fact, in contrast to the narrower uniformity argument which only aims at the position with questions of law. I have highlighted a forward-looking and proactive uniformity argument and a backward-looking and reactive one. I have highlighted that the uniformity argument is used in virtually all contexts where the Supreme Court is discussed or shaped. Furthermore, I have shown how the uniformity argument is used with a variety of uses. I have put my finger on the continuity of the uniformity argument in precedent procedural contexts despite clear changes in the procedural landscape. I have identified that the vagueness of the uniformity argument is important for its resilience, but that this same vagueness can create problems. The thesis has identified, made visible and problematized that the uniformity argument contains different aspects and that different procedural institutes are based on different arguments. This becomes important for the Supreme Court as a precedent instance. The hope is that the results of the thesis will contribute to increasing the rigor in discussions and reforms about the Supreme Court’s operations and focus. In a larger perspective, the study has made visible how a soluble argument such as uniformity acts as a form of meta-norm that gains importance on a variety of levels, for theory formation, legislative policy and procedural rules.
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- Lainpelto, Katrin, 1976-
(författare)
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Stödbevisning i brottmål
- 2012
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Corroborating evidence is a modern evidence law concept used in furtherance of the administration of justice. The exact meaning of the term is, however, unclear, which is why the concept can be described as both vague and ambiguous. Accordingly, the aim of this thesis was to examine this type of evidence with the help of functional analysis. The examination was performed in four steps. First, the concept of corroborating evidence was examined theoretically, which meant analysing the ways in which this concept relates to associated concepts in evidence law. The second step consisted of two empirical studies which examined the prevalence and actual use of corroborating evidence. Next, the concept of corroborating evidence was analysed from the point of view of comparative law by means of a study on corroboration rules in English law. Finally, the function of corroborating evidence was examined from an epistemological perspective. The examination reveals that corroborating evidence refers in general to uncertain circumstances. When circumstances lack clear relevance, there is a risk that they will be ascribed an incorrect function and therefore also a wrong probative value. The empirical study also shows that two types of corroboration are confused, i.e. convergent corroboration and credibility corroboration. Two conclusions can be drawn from the foregoing: one, that a structuring approach to evaluation of evidence is of greatest importance, and two, that a more restricted definition of corroborating evidence is not possible. In addition, it has been demonstrated that in some cases decisions were made without the requirement for corroborating evidence and in other cases corroborating evidence was required. Since this inconsistency in judicial practice cannot be explained by reference to the principle of free evaluation of evidence, or to be regarded as compatible with the principles of equal treatment, legal security and rationality, the overall conclusion of the thesis is that the concept of corroborating evidence should no longer be used in Swedish law.
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