Change search
ReferencesLink to record
Permanent link

Direct link
Åklagaren som grindvakt: En rättsvetenskaplig studie av åklagarens befogenheter vid utredning och åtal av brott
Umeå University, Faculty of Social Sciences, Department of Law.ORCID iD: 0000-0002-2203-8750
2011 (Swedish)Doctoral thesis, monograph (Other academic)
Abstract [en]

In Sweden an oral hearing, the trial, is held as the ideal model for the criminal procedure and according to the legality principle reported crimes ought to be investigated and prosecuted. Over time high levels of reported crimes have led to an increase in pressure on the courts and other actors in the criminal process. This pressure has created new ways of dealing with reported crimes in summary procedures and to exceptions from the legality principle. Such changes have given the prosecutor a key role in deciding how cases are dealt with in the criminal process. 

The purpose of this thesis is to examine the Swedish public prosecutor’s influence on the choice of cases that are investigated, prosecuted and tried in court during a trial. The study examines the prosecutors’ legal authority and how that authority has changed from the time that the Code of Judicial Procedure came into force in 1948 to the beginning of 2011.

A starting point for the examination is that investigating, prosecuting and trying cases in the criminal process should be carried out in a way that is considered to be fair according to societal values, which are embedded in the legal system. Both decisions about which cases will be tried and the procedure involved in how to try them has to be performed in a way that seems to be fair. In the study the values that underlie the criminal process is examined through a model. This model assumes that the criminal process has been created and developed to satisfy different requirements, which can be separated into three main groups: the functions of the criminal process, legal principles and the main objectives of a good administration of justice. The model is used to analyze and discuss the development of the legal rules.

The prosecutor’s authority and influence over the process has broadened and the use of summary procedures has served to place the focus on the police investigation instead of the trial. Among the objectives of a good administration of justice Speed and Cost effectiveness are considered to be more important than Security. As long as the Trust in the system is sufficient this development can continue. A conclusion from the study is that there is a need for some actor to prioritize and to do that openly. In the study the issue is raised whether it is time to question the legality principle as the main principle for the Swedish legal system. 

Place, publisher, year, edition, pages
Uppsala: Iustus Förlag AB , 2011. , 216 p.
Series
Skrifter från Juridiska institutionen vid Umeå universitet, ISSN 1404-9198 ; 24
Keyword [en]
criminal justice, criminal process, prosecutor, investigate crime, prosecute crime
Keyword [sv]
straffprocess, åklagare, åtal, åtalsplikt, åtalsunderlåtelse, strafföreläggande, rättegång
National Category
Law (excluding Law and Society)
Research subject
Law; processrätt
Identifiers
URN: urn:nbn:se:umu:diva-42952ISBN: 978-91-7678-784-7OAI: oai:DiVA.org:umu-42952DiVA: diva2:410830
Public defence
2011-05-13, Samhällsvetarhuset, Hörsal B, Umeå universitet, Umeå, 10:15 (Swedish)
Opponent
Supervisors
Note

Förlagsutgiven med 3 månaders embargo.

Available from: 2011-04-20 Created: 2011-04-15 Last updated: 2016-03-30Bibliographically approved

Open Access in DiVA

fulltext(3667 kB)1198 downloads
File information
File name FULLTEXT01.pdfFile size 3667 kBChecksum SHA-512
024b226ef828c44e1f9feb2a9a45c5a4f29856a2e38859847fd9b1ad21cd6cf958a4634f38d8a703703c4ac0898aed11e18f5e86fa472885f8df32cf1773a215
Type fulltextMimetype application/pdf

Search in DiVA

By author/editor
Landström, Lena
By organisation
Department of Law
Law (excluding Law and Society)

Search outside of DiVA

GoogleGoogle Scholar
Total: 1198 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

Total: 851 hits
ReferencesLink to record
Permanent link

Direct link