The Swedish judicial system. a brief presentation

Transcription

1 The Swedish judicial system a brief presentation

2 Production: Ministry of Justice, March Photos: Bobbo Lauhage/Pressens Bild, Pontus Lundahl/Pressens Bild, Örjan Björkdahl/Pressens Bild, Andreas Koerner/Pressens Bild, Erik Holmstedt/Pix Gallery. Printed by NRS Tryckeri

3 Contents Introduction...3 The judicial system...3 The role of the Ministry of Justice...3 The Swedish Police Service...4 The organisation of the police service...4 Community police...5 Working in the police service...5 The responsibilities of the police...6 International cooperation...6 The public prosecution service...7 The organisation of the public prosecution service...7 Working in the public prosecution service...8 International cooperation...8 The courts...9 The constitutional position of the courts...9 The organisation of the courts...10 Working as a judge...10 Lay judges...11 The general courts...11 The general administrative courts...11 Proceedings in the general courts...12 Proceedings in the general administrative courts...12 Special courts, tribunals etc...13 Penalties...14 Victims of crime...14 Legal aid...15 Legal representation...15 Defence counsels

4 The prison and probation service...16 Organisation...16 Remand prisons...16 Correctional facilities...17 Non-institutional treatment...17 The Transport Service...19 Young people and penal care...19 Preventing crime...20 Preventing crime...20 Who supervises the authorities?...22 Who supervises the authorities?...22 The Parliamentary Ombudsmen and the Chancellor of Justice...22 The central administrative authorities...22 Contact information

5 Introduction The judicial system The judicial system is normally taken to comprise the agencies responsible for ensuring legal security and the rule of law. The courts form the backbone of this system. Agencies for crime prevention and investigation, i.e., the Swedish Police Service, the Crime Victim Compensation and Support Authority, the Swedish Prosecution Authority, the Swedish National Economic Crimes Bureau and the Swedish Prison and Probation Service are also regarded as part of the judicial system. Other public agencies, such as the National Board of Forensic Medicine and the enforcement services, also have tasks within or linked to the judicial system. The role of the Ministry of Justice Within the Swedish Government Offices, responsibility for matters relating to the judicial system, including the budgets and administration of the public agencies, rests primarily with the Ministry of Justice. The Ministry of Justice is also responsible for core legislation in the fields of civil law, penal law and procedural law. Another key issue for the Ministry is how to prevent and combat crime in order to increase the security of individual citizens. The modernisation of the judicial system is another important matter. The aim of the Swedish judicial system is to guarantee the legal security and statutory rights of the individual. This requires an expert and efficient system. A comprehensive reform of the judicial system has been underway for a number of years. 3

6 The Swedish Police Service The organisation of the police service Unlike many other countries, Sweden has an integrated police system a national police force. The Swedish Police Service consists of the National Police Board, the National Laboratory of Forensic Science and 21 police authorities, each of which is responsible for policing in the county in which it is based. The Swedish Police Service is one of the largest public agencies in Sweden, with more than employees in an organisation that operates at national and local level. The National Police Board is the central administrative and supervisory authority of the police service. Its activities are headed by the National Police Commissioner, who is appointed by the Government. The Swedish Security Service is part of the National Police Board. The Swedish Security Service directs and conducts police operations to prevent and discover crimes against national security. Its other responsibilities include antiterrorist activities and surveillance and security work related to the protection of leading members of central government. 4

7 In cases involving crimes with wider geographic or international ramifications, the National Criminal Police is brought in. The National Criminal Police is part of the National Police Board. The National Laboratory of Forensic Science carries out laboratory tests in cases of suspected crime. It is sent material deriving from various kinds of crime for analysis. The police officers that the public come in contact with in the community are normally stationed at one of Sweden s 21 police authorities. Each county has a police authority which is responsible for local police operations, including responses to emergency calls, investigations and crime prevention measures. Police reserves are made up of people liable for national service who are members of the national total defence services serving in the civil defence and providing civil services. Their main task is to take part in police operations linked with protecting the population and providing rescue services. They can serve at local police authorities when there is a state of heightened alert or when the Government has decided to order such service. Community police During the 1990s, initiatives were taken to establish a new police organisation a community police service, with officers who are acquainted with the area in which they operate and who work in partnership with the local community. The cornerstones of community policing are being visible in the community and crime prevention. Each community police station is responsible for a specific geographic area within the district a community police area. Activities are conducted in a problem-oriented manner, i.e., with a focus on the more direct causes of crime and public disturbances. Community police officers maintain a regular exchange of information with other public agencies in their area, such as schools, social services etc. Working in the police service Joining the police service is a popular career choice, as reflected in the admission rates to police training. Only around seven per cent of applicants are offered a place. The police training course comprises two years of full-time study and education takes place in cooperation with universities and colleges. At present, police training is provided in Stockholm, Umeå and Växjö. Being a police officer involves many different roles. The profession also has a number of different fields of activity, ranging from patrolling the streets in 5

8 Sweden to taking part in peacekeeping police forces led by the UN. Police work can be divided into several different branches such as the community police, traffic police, the marine police, the underground police and the police dog services. The criminal police corps works with crime investigations, but also with searches for wanted persons and criminal intelligence. The responsibilities of the police The main responsibilities of the police include crime prevention, maintaining public order and security, carrying out searches and crime investigations. A range of other tasks have also been assigned to the police as a result of special provisions. These include the issuing of passports and various kinds of permits. International cooperation As a result of escalating international crime and the general trend of increased internationalisation, international police cooperation is having a greater impact on operations at the national level. International police cooperation is extensive and is conducted at both central and local levels. The National Police Board and larger police authorities in particular, but even other police authorities affected by border traffic, have developed far-reaching international, cross-border cooperation. Since 25 March 2001, Sweden has been an operative member of Schengen cooperation. This represents the most significant change ever to international police activities. Membership means that national borders are opened and citizens are able to move freely between the various Schengen countries. To minimise the risks of increased international crime, controls at the external borders of the Schengen zone are being intensified. Europol is a European police office for cooperation between national police services of the EU member states to combat and prevent drug trafficking, terrorism, unlawful trafficking in nuclear and radioactive substances, illegal immigration networks, trafficking in human beings and stolen vehicles and money laundering. Interpol is an intergovernmental organisation for the dissemination and coordination of information and for police measures of an international nature. Interpol s activities involve cooperation between member states in the field of criminal policing, focusing mainly on offences punishable under general penal law, such as murder, drug crime and fraud. Through Interpol, member states can issue notices about wanted or missing persons or stolen goods. 6

9 The public prosecution service The organisation of the public prosecution service The public prosecution service employs around people, of whom 700 are prosecutors. There are 43 local offices which are led by chief district prosecutors. Thirty-five of these offices are general public prosecution offices, six are international public prosecution offices and two are national public prosecution offices, one dealing with anti-corruption and the other with suspicions of crime among police officers. The Prosecutor-General is the head of the public prosecution service and supervises the work of the public prosecution authorities. The Prosecutor-General is the only public prosecutor entitled to institute or pursue proceedings at the Supreme Court. He or she is, however, entitled to appoint an assistant prosecutor at the Office of the Prosecutor-General or a public prosecutor to represent the Prosecutor-General at the Supreme Court. At four locations in the country there are also public prosecution service development centres, tasked with promoting methodological development and legal changes in various crime areas. A special prosecution agency the Swedish National Economic Crimes Bureau deals with cases of economic crime. 7

10 Working in the public prosecution service The public prosecutors play a central role in the judicial system. The prosecutor is responsible for leading the preliminary investigation when someone is reasonably suspected of an offence. As the head of preliminary investigations, the prosecutor is responsible for ensuring optimal investigation of the crime. The prosecutor follows the investigation continuously and has to continually determine the measures and decisions that must be taken. In less serious crimes, preliminary investigations are entirely conducted by police officers. When a preliminary investigation has been completed, the prosecutor takes the decision on whether or not to institute proceedings. Another important aspect of the prosecutor s work is to prepare cases and appear in court. The prosecutor s decision to prosecute and designation of the offence set the framework for the criminal proceedings and move the case forward. Most prosecutors spend one or two days in court per week. International cooperation International cooperation is becoming increasingly important in the day-today work of prosecutors. Efficient cross-border cooperation has existed in the Nordic countries for many years and has also recently become established in the EU. Examples of EU measures that have contributed to this are the European arrest warrant and Eurojust. Eurojust is an EU body consisting of representatives, normally prosecutors, of all the member states. Its task is to facilitate cooperation and coordination between member states with regard to criminal investigations that primarily involve serious organised crime and two or more member states. 8

11 The courts The constitutional position of the courts To ensure a functioning judicial system, it is important that the courts are independent and autonomous in relation to the Riksdag (parliament), the Government and other public agencies. This is guaranteed, inter alia, through the provisions of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and through provisions in the Swedish Instrument of Government on the independence of the courts and the employment conditions of judges. The Instrument of Government is one of the four fundamental laws that make up the Swedish Constitution. The provisions on public access to official information in the Instrument of Government and the Freedom of the Press Act serve to guarantee that the public have insight into the administration of justice. This principle, which is fundamental with respect to statutory rights, means that the public have access to hearings and other meetings of the court and that they have the right to access documents pertaining to a specific case or matter. To protect individuals and public interests in certain cases, this right of access may be restricted by secrecy regulations. Such restrictions must be clearly set out in an act of law. 9

12 The organisation of the courts Sweden has two parallel types of courts general courts, which deal with criminal and civil cases, and general administrative courts, which deal with cases relating to public administration. The general courts are organised in a threetier system: district courts, courts of appeal and the Supreme Court. The administrative courts also have three tiers: county administrative courts, administrative courts of appeal and the Supreme Administrative Court. In addition, a number of special courts and tribunals have been established to hear specific kinds of cases and matters. The National Courts Administration is a special central agency for the courts and is accountable to the Government. Working as a judge Permanent judges are appointed by the Government. In principle, a permanent judge cannot be dismissed other than in cases specifically set out in the Instrument of Government. As a basis for a career as a judge, candidates need a Master of Law degree (LL.M.). Most people who are appointed as judges have followed a specific career path, beginning after graduation as a law clerk for two years at a district court or county administrative court. After that it is customary to apply to become a reporting clerk at a court of appeal or an administrative court of appeal. After at least one year of service at the court of appeal or administrative court of appeal, the trainee judge returns to a district court or county administrative court for a period of at least two years. Thereafter follows at least one year of service at a court of appeal or administrative court of appeal, during which the trainee is co-opted to the bench. After completing this period of probation, the reporting clerk is appointed as an associate judge. Reporting clerks and associate judges are referred to as non-permanent judges. Most permanent judges are employed as district or county administrative court judges or as judges of appeal at a court of appeal or administrative court of appeal. The head of a court of appeal or administrative court of appeal is known as the president, and of a district court or county administrative court as the chief judge. The judges at the Supreme Court and the Supreme Administrative Court are referred to as justices. 10

13 Lay judges Every district court, court of appeal, county administrative court and administrative court of appeal has a number of lay judges. These are appointed by the municipal and county councils in each respective court district. They are chosen for a term of four years. The lay judges take part in the adjudication of both specific concrete issues and matters of law, and each has an individual vote. The general courts The district court is the court of first instance. There are 60 district courts across the country. They vary in size, the largest having several hundred employees and the smallest having about ten. The next level is the court of appeal. There are six courts of appeal. In general, a party is free to lodge an appeal against the district court s decision with the court of appeal. In certain cases, a case can only be given a full review by a court of appeal after the court has granted leave to appeal. The Supreme Court is the court of last resort. It consists of a minimum of 14 judges, entitled Justices of the Supreme Court. The primary responsibility of the Supreme Court is to try cases which may be of interest from the point of view of the development of law, i.e., to create precedents. A case can only be given a full review after the court has granted leave to appeal. When the case is tried, the court assesses whether there is any aspect of the case that is significant in terms of setting a precedent. If leave to appeal is granted, the case is normally heard by five justices. The general administrative courts The county administrative court is the court of first instance. There are 23 county administrative courts, at least one in each county. The administrative courts of appeal are the courts of second instance. There are four administrative courts of appeal. For most kinds of case leave to appeal is required for a full review by an administrative court of appeal. The Supreme Administrative Court is the court of last resort. It consists of at least 14 justices. Like the Supreme Court, the Supreme Administrative Court s primary task is to create precedents. Leave to appeal is required for most kinds of case. Cases where leave to appeal has been granted are normally heard by five Justices of the Supreme Administrative Court. 11

14 Proceedings in the general courts The general courts deal with criminal and civil cases. Criminal cases are the cases in which someone stands trial under the suspicion of having committed an offence. Civil cases are cases where two parties are in disagreement, for example, over the contents of a purchase agreement, an inheritance or the custody of a child. The basic provisions on proceedings in civil and criminal cases can be found in the Swedish Code of Judicial Procedure. Criminal cases are normally instituted when a public prosecutor initiates prosecution proceedings against a suspect by submitting a summons application to a district court. The underlying principles of the process are those of orality, immediacy and concentration. This means that the court rules on cases after a main hearing attended by both parties, who state their claims and other circumstances relating to the case orally. During the main hearing any witnesses and experts are heard and other evidence is also presented. Criminal cases are normally tried by one judge and three lay judges. Civil disputes are normally heard by a single judge or three judges. In the courts of appeal, criminal cases are decided by three judges and two lay judges. Civil cases are tried by three or four judges. In the settlement of family cases, lay judges normally take part in proceedings in both the district court and in the court of appeal. In cases of a simple nature, the court normally delivers its judgment immediately. If the defendant in a criminal case is detained, the court is to pronounce its judgment no later than one week after the completion of the hearing. Special rules apply to young offenders, for instance, that such cases are to be dealt with promptly. Proceedings in the general administrative courts General administrative courts deal with cases involving disputes between the community and individuals. This means that they have to handle cases concerning numerous different issues. Some of the most common types of cases involve withdrawal of driving licences, tax cases, the right to different benefits under social insurance, compulsory care of children and young people or substance abusers, compulsory psychiatric care and the right to financial assistance. The main regulations on proceedings are contained in the Administrative Court Procedure Act. However, it is not uncommon for legislation in the field of administrative law to contain proceedings that are specifically adapted to the type of case in question. There are, for example, special regulations pertaining to tax legislation and social legislation. 12

15 Cases in the county administrative courts are normally instituted when an individual appeals against a public authority decision. Proceedings are normally in writing, i.e., the court decides the case on the basis of correspondence between the parties. Nevertheless, an oral hearing can also be held. Cases are decided by a single judge or one judge and three lay judges. The court can modify a decision by a public authority. In the administrative courts of appeal, cases are normally decided by three judges or three judges and two lay judges. Special courts, tribunals etc. The Labour Court deals with labour disputes. Labour disputes are all disputes concerning the relationship between employers and employees. The Labour Court is normally the first and only instance in labour disputes. Nevertheless, some labour disputes are first heard in a district court, after which an appeal may be lodged with the Labour Court as the second and final instance. The Market Court deals, inter alia, with disputes under the Competition Act and the Marketing Practices Act. The Court of Patent Appeals handles appeals against the decisions of the Swedish Patent and Registration Office, concerning patents, trademarks and designs, etc. When leave to appeal has been granted, appeals against the Court s decisions may be lodged with the Supreme Administrative Court. Of Sweden s district courts, 25 are also land courts. These courts handle cases coming under the Expropriation Act, the Real Property Formation Act and the Environment Protection Act. Cases coming under the Swedish Environmental Code are processed by five environmental courts. Cases under the Swedish Maritime Code are dealt with by seven district courts which are designated maritime courts. Migration courts have replaced the Aliens Appeals Board and review decisions made by the Swedish Migration Board on matters concerning aliens and citizenship. The Higher Migration Court is the court of final instance. For certain kinds of rent and leasehold disputes, there are regional rent tribunals and leasehold tribunals. These are not special courts in the proper sense, and are normally described as quasi-judicial bodies with powers similar to the courts. In Sweden it is very common for disputes in the business sector to be settled by an arbitration tribunal. The arbitration procedure is a form of private administration of justice. A typical feature of an arbitration procedure is that the parties can influence the composition of the tribunal and that the judgement cannot be appealed against. 13

16 In the case of disputes between consumers and business operators, consumers can turn to the National Board for Consumer Complaints. However, the Board s decisions are not binding. Penalties The most common penalties are fines (monetary fines or day fines determined on the basis of the defendant s daily income). For more serious crimes or in the case of reoffending, the penalty prescribed may be imprisonment. Instead of prison, the court may also prescribe a conditional sentence if the person convicted has no previous record, or probation, for example, if the individual has an abuse problem and needs supervision. The court can also commit a person to special care. Individuals who are mentally ill can receive forensic mental care, while young offenders may be committed to care by the social welfare services. Both conditional sentences and probation can be combined with fines or an order to perform unpaid work community service. Probation can also be combined with different orders for special care, such as treatment for alcohol or drug addiction. Victims of crime As a rule, victims of serious crimes are entitled to free counsel and support services in connection with the preliminary investigation and trial. If it is suspected that a child is a victim of an offence by one of its custodians, the child may receive more extensive support from a special representative for children. Special support to witnesses has also been introduced at most district courts and all courts of appeal to make proceedings easier for injured parties and witnesses. A person who has been awarded damages receives a written offer from the enforcement services to assist with collection of the debt. If the perpetrator is not able to pay, or if a perpetrator has not been found, and there is no insurance that can cover all the damages, the victim of crime may receive compensation from the state known as criminal injuries compensation. This compensation is intended primarily for personal injury and violation. The Crime Victim Compensation and Support Authority reviews cases concerning criminal injuries compensation. It also administers the Fund for Victims of Crime. This is funded by special charges on convicted perpetrators. The resources of the Fund are distributed to different types of projects and activities directed at victims of 14

17 crime, under the auspices both of non-profit organisations and public agencies, and to research on victims of crime. The Crime Victim Compensation and Support Authority collects and disseminates information and research results for improving services to and treatment of victims of crime. Legal aid Those who lack the economic means to take advantage of their rights are entitled to legal aid. Legal aid is not restricted to matters dealt with before a court or by another public agency, it can also be given in connection with other legal matters. To be granted legal aid, a number of criteria must be fulfilled. For example the applicant s annual income may not exceed SEK In the first instance, any legal expenses insurance that the applicant has, or should have had, should be used. Legal aid is granted by the National Legal Aid Authority or the court in which the case is being processed. Legal representation The title advocate (lawyer) can only be used by accredited members of the Swedish Bar Association, whose main responsibility is to maintain a just and professional body of lawyers. Qualifying as a lawyer requires extensive academic education and practical training. All lawyers in Sweden are in private practice. Defence counsels Anyone suspected of a serious crime or taken into custody is always entitled to a public defence counsel (lawyer). In the case of minor offences, it is up to the court to determine whether or not the suspect needs a defence counsel. A public defence counsel helps the suspect with all aspects of the case and provides assistance during the trial. Suspects who are sentenced for a crime are obliged to cover the state s costs for the defence counsel, although the sum may not exceed the equivalent costs for legal aid. Those who are acquitted do not have to pay the costs of the defence counsel. 15

18 The Prison and Probation Service Organisation The Prison and Probation Service is an agency with a headquarters, six regional offices and a Transport Service. Its activities are conducted in remand prisons, non-institutional treatment agencies and prisons. The headquarters are led by a Director-General. Remand prisons There are 29 remand prisons in Sweden with a total of some places. People suspected of offences and who have been detained by a court while waiting for trial are held at remand prisons. Other categories of people detained under the provisions of various acts, such as the Aliens Act, the Care of Young Persons (Special Provisions) Act, the Care of Abusers (Special Provisions) Act or the Compulsory Mental Care Act, can also be held in remand prison. The treatment of detained persons is regulated under a special Act. To make their situation easier and to try to limit their isolation during the period of detention, the Act contains regulations on such matters as social support. Special outreach staff at remand prisons identify inmates abusing drugs and have moti- 16

19 vational sessions with them to encourage them to cease their abuse. In as far as it is possible, detainees are to be offered some form of work or occupation during their time in remand. Correctional facilities There are 56 correctional institutions in Sweden. Closed institutions have a high degree of security to prevent inmates from escaping, while open institutions have no actual obstacles preventing inmates from absconding. Some of the closed prisons have high-security units. Activities at institutions are to be designed so that they promote inmates adjustment to society and prevent their deprivation of liberty having harmful effects. The term spent in prison should focus on measures intended to encourage the inmate not to reoffend. At the same time, account must be taken of the need to protect society. On average, approximately people are held in Swedish prisons every day. Prisoners are obliged to engage in some form of occupation, which may include some form of work, training or treatment. The Prison and Probation Service has programmes for treating and influencing the behaviour of drug abusers, sex offenders and men using violence against their partners. Seven of the Prison and Probation Service s institutions are special institutions for the treatment of substance abusers. Prison cells have an area of six square metres and are equipped with a bed, a wardrobe, a table, a chair and a bookshelf. Inmates are also permitted to have a few personal belongings. Most cells also have a TV and a radio. The most common offences for those committed to prison are drug offences. Almost as many have been convicted of violent crime. Those convicted of murder or manslaughter make up only a few per cent. Ninety-three per cent of all inmates are men, of whom 54 per cent have previously been in prison. Non-institutional treatment Non-institutional treatment is provided at 39 non-institutional treatment agencies. The task of non-institutional treatment agencies is to monitor clients sentenced to sanctions other than prison (probation with or without contract care/community service and conditional sentences for community service), and also to monitor offenders who have been released on parole. Non-institutional treatment agencies are also responsible for intensive electronic monitoring by means of electronic ankle tags. Non-institutional treatment agencies monitor an average of clients every day. 17

20 Probation means that the client is given a probationary period. The period of probation is three years and monitoring by non-institutional treatment agencies is normally carried out for one year. In the case of release on parole, the probation period is equivalent to the remainder of the prison sentence, but not less than one year. Those who are placed under supervision are assigned a probation officer who offers support and helps to facilitate the convicted person s adaptation to society. Contract care is primarily intended for established drug or alcohol abusers, where there is a clear correlation between abuse and crime. Instead of prison, the court sentences the individual to probation with treatment at a treatment centre. Community service is another alternative to prison and is a supplement to conditional sentences or probation. Community service means that the convicted person carries out unpaid work during his or her spare time. The court decides on the number of hours the convicted person is to work, which is a minimum of 40 hours and a maximum of 240 hours. A further alternative to prison is electronic tagging. A person convicted to a maximum of six months in prison can apply to serve his/her sentence fitted with an electronic ankle tag at home instead. The transmitter in the tag is connected to a computer, which checks that the client follows an established timetable. If the client does not follow the timetable, the non-institutional treatment agency is alerted. The convicted person is monitored 24 hours a day. The freedom of movement of clients is strictly regulated and non-institutional treatment agencies regularly check that they are drug and alcohol-free. One of the groups that often serves its prison sentences via electronic tagging at home are those convicted of drink-driving. This punishment is then combined with treatment. Post-release intensive electronic monitoring, which is electronic tagging at the end of a prison sentence is intended to facilitate the rehabilitation of longterm prisoners to society. In order to qualify for post-release intensive electronic monitoring, the client is required to have been sentenced to prison for two years or more and to be in need of controlled release into society. Before the client is granted this electronic monitoring facility, a careful assessment is made of the risk of misconduct, such as reoffending. The non-institutional treatment agencies monitor and control this facility. The non-institutional treatment agencies also carry out investigations into suspected offenders personal circumstances on behalf of the courts. The agen- 18

21 cies meet and interview persons charged with crimes and submit a statement about their individual circumstances to the court. The court then uses these statements to help determine a suitable sanction. The transport service Clients of the Swedish Prison and Probation Service may need to be transported from the remand centre to prison or between different prisons. The Transport Service, which is part of the Swedish Prison and Probation Service, is responsible for these transports. The Transport Service also undertakes transport abroad, for example when clients who are sentenced to expulsion are deported to their countries of origin. The Transport Service also undertakes transport for other agencies such as the Swedish Police Service in connection with refusalof-entry and return in asylum cases. Every year people are transported within the country and about are transferred to other countries abroad. Young people and penal care Children under the age of 15 are not punishable under the law. Young people between the ages of 15 and 18 are normally sentenced to a fine or handed over by the court for care by the social welfare services. Such care may be combined with fines or community service for young people. Young people under the age of 18 are seldom sentenced to imprisonment. In the case of serious offences, the penalty may be closed institutional care for minors in a special youth home. The National Board of Institutional Care is responsible for enforcement of these sentences. The punishment is for a fixed term and is focused on care and treatment. 19

22 Preventing crime Preventing crime An important point of departure for Swedish crime policy is to work to prevent crime from happening at all. In the mid-1990s, the Government presented a national crime prevention programme Everyone s Responsibility. Among other things, the programme emphasises that the crime prevention perspective should be taken into consideration when decisions are made within all sectors of society relevant to crime prevention. All sections of society must work together to prevent crime. The National Council for Crime Prevention (BRÅ) is the Government s expert body in the judicial system. Among other things, BRÅ has the task of increasing knowledge about crime and crime prevention measures, producing official crime statistics, evaluating reforms, supporting local crime prevention work and informing others about its activities. Some 80 per cent of the country s municipalities have established local crime prevention councils or similar organisations, and a great number of crime prevention projects are being carried out around the country. 20

23 As a result of a Swedish initiative, the EU has established a European Crime Prevention Network for the prevention of crime. The network is intended to contribute to and develop crime prevention efforts in the EU and to support crime prevention measures at local and national levels. 21

24 Who supervises the authorities? Who supervises the authorities? It is crucial that authorities comply with laws and ordinances, in order to maintain confidence in the public administration, and ultimately in democracy. The possibility of appealing against an authority s decision to a general administrative court means that the public authorities application of the law is subject to supervision by the courts. The judicial examination by the courts also serves to create case law that the public authorities are obliged to follow. For other reasons as well, it is important to have control over the way in which public authorities fulfil their duties. Such control is exercised by the Parliamentary Ombudsmen, the Chancellor of Justice and the central administrative authorities. The Parliamentary Ombudsmen and the Chancellor of Justice On behalf of the Riksdag (Swedish parliament), the Parliamentary Ombudsmen are responsible for ensuring that the bodies involved in public administration comply with laws and other provisions and in general fulfil their duties. The Parliamentary Ombudsmen respond to complaints from the public, but can also initiate their own investigations. Correspondingly the Chancellor of Justice, who is the Government s supreme ombudsman, is responsible for scrutinising the bodies involved in public administration on behalf of the Government. The public can also turn to the Chancellor of Justice with their complaints. In addition to these supervisory tasks, the Chancellor of Justice also examines claims for damages directed at the state. Neither the Parliamentary Ombudsmen nor the Chancellor of Justice can review or modify the decisions of another authority or court. The central administrative authorities The National Police Board, the Office of the Prosecutor-General and the Prison and Probation Administration monitor that activities within the areas for which they are responsible, are carried out in accordance with the instructions given by the Riksdag and the Government. They also examine the efficiency of operations and their compliance with the principles of the rule of law. 22

25 Contact information The Swedish Police Service The public prosecution service The Swedish National Economic Crimes Bureau The National Courts Administration The Prison and Probation Service The National Council for Crime Prevention The Crime Victim Compensation and Support Authority The Parliamentary Ombudsmen The Chancellor of Justice The Ministry of Justice 23

26 The legal system works for the safety and security of the individual. The goal is to reduce crime and increase people s security. This brochure provides a brief introduction to the Swedish legal system and its constituent authorities. Additional copies of the brochure can be ordered via the Government website or by to: info.order@justice.ministry.se Ministry of Justice, Sweden SE STOCKHOLM