When Sweden lays down the law

The international spotlight has been shone on Sweden’s judicial system in recent weeks. An American rapper is currently being held in custody on suspected physical assault. The President of the USA has intervened and tried to get the rapper released on bail – to no avail. Consequently, Sweden has been accused of corruption and racism.

I thought in this blog, I’d quickly clarify a few things about Sweden’s legal system so that you understand the holding of the rapper is fully compliant with the law.

The Swedish system. Sweden has a civil law system based on Romano-Germanic law. Sweden’s criminal courts have three levels: The Supreme Court of Sweden (Högsta Domstolen), 6 courts of appeals (hovrätter)and 53 district courts (tingsrätter).

The Constitution of Sweden prohibits capital punishment, [1], corporal punishment [2], and “torture or medical influence aimed at extorting or suppressing statements.”[3] Searches and seizures are restricted under Article 6 of the Constitution of Sweden.

When somebody is arrested, police and prosecutors are responsible for conducting initial investigations to determine whether an individual should be prosecuted for a crime – and which crime. Prosecution is mandatory if guilt has been established through the investigation period.

A defendant is entitled to counsel as soon as reasonable suspicion is established during the investigation stage. The defense attorney may ask the prosecutor to conduct specific investigations on the defendant’s behalf.

Any witness may be interrogated for up to six hours. In some jurisdictions such as Gothenburg, the local municipal council hires lay individuals to attend and document interrogations.

No bail system. There is no bail system in Sweden, where somebody can pay a bond to avoid pre-trial detention. Bail is more common in the Anglo-American judicial systems and not the European continental systems. In Sweden, individuals are often detained while awaiting trial, although they can be released without detention and have their travel restricted by court order. If there is a risk of fleeing the country, suspects can legally be kept in police custody by court order until investigations are complete. This is common praxis when it relates to foreign citizens with no residence in Sweden.

Once the initial investigations are complete, a court of law decides what the individual should be charged with, and the trial proceedings commence.

Independent Court of Law. In Sweden, and Finland, the legal system is totally independent and free of influence from political leaders. Members of the government or cabinet may not dictate or interfere with the daily workings of a government agency, court of law or similar. While this is common practice in other countries, in Sweden, this so-called ‘ministerstyre’ is illegal.

When Donald Trump called Sweden’s Prime Minister Stefan Löfven, the Swede explained that the Swedish judicial system, prosecutors and courts are totally autonomous. Everybody is equal in the eyes of the law and that the Swedish government will not and can not try to influence the legal process.

Let’s see what happens. If the rapper has been held in custody incorrectly or if he is charged with a crime that does not warrant incarceration then he has a right to claim compensation.