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- Zila, Josef, 1946-
(författare)
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Prosecutorial powers and policymaking in Sweden and the other Nordic countries
- 2012
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Ingår i: The prosecutor in transnational perspective. - : Oxford University Press. - 9780199844807
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This chapter focuses on prosecutorial powers in the Swedish legal system but also points out different approaches adopted in the other Nordic countries (Denmark, Finland, and Norway). It attempts to show how Nordic pragmatism has influenced legal solutions concerning the role and powers of the public prosecution service (PPS). It begins with basic information about the legal positions and structures of the PPS bodies in key Nordic countries. It then discusses a general trend in all Nordic countries of responding to overloaded criminal justice systems by entrusting prosecutors with broad sentencing powers. This transformation of the Nordic prosecutor raises serious issues, such as the proper roles and distinct perspectives of prosecutors and judges, the potential for self-interested prosecutorial decision making, and even the prospect of innocent suspects acquiescing to prosecutorial adjudication.
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- Ågren, Jack, 1966-
(författare)
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Billighetsskälen i BrB 29:5 – berättigande och betydelse vid påföljdsbestämning
- 2013
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis, ‘Billighetsskälen i BrB 29:5 – berättigande och betydelse vid påföljdsbestämning’ (Equity Factors in the Swedish Penal Code – Their Justification and Significance in Criminal Sentencing), addresses those circumstances, equity factors, linked to a criminal offender personally that can play a role as mitigating circumstances in the determination of any criminal sanctions to be imposed. These factors are set forth in Section 5 of Chapter 29 of the Swedish Penal Code, effective as of 1989. The Swedish sentencing procedure focuses on proportionality in the meaning that the criminal sanction is to be proportionate to the seriousness of the criminal offence. Within the process of determining the criminal sanctions to be imposed, the court initially is to consider any circumstances of the crime that can be seen as aggravating (seriousness and blameworthiness), determining the crime’s severity or “penal” value. The equity factors, which are mitigating as to the sanctions, are then to be considered once the penal value has been determined. The aim of this work is to examine the legitimacy of these equity factors in the sentencing system, and their importance when determining the sentence to be imposed. In other words, the endeavour is made to determine whether the Swedish penal system, can be regarded as uniform in its application. It is important here to clarify the underlying legal-ideological bases from which these equity factors emanate, as well as to examine how such factors are to be evaluated qualitatively in relation to other circumstances of importance for sentencing. The overall conclusion here is that the invocation of equity factors within the Swedish criminal sentencing system is justifiable. Such factors are of great significance in the process of determining the criminal sanctions to be imposed. Nevertheless, certain changes concerning the structure of the provisions are proposed here.
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