| 1. |
- 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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| 2. |
- 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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| 3. |
- 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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| 4. |
- Suominen, Annika, 1982-
(författare)
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Temporal application of the criminal law
- 2024
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Ingår i: <em>Elgar Encyclopedia of Crime and Criminal Justice</em>. - : Edward Elgar Publishing.
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Bokkapitel (refereegranskat)
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