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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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