A parent avoids prison sentence and is instead sentenced to probation and day fines – because of their child. This after the Supreme Court (HD) changed a court of appeal verdict.
The parent, who had sole custody of the child, had previously been sentenced to one and a half years in prison for, among other things, aggravated white-collar crime.
When the HD now re-examined the case, they established that the crime the parent was convicted of corresponds to a one-year prison sentence.
The sentence for a convicted parent should, however, to some extent be weighed against how the negative consequences of the sentence can affect the child. Since the UN Convention on the Rights of the Child is now Swedish law, the child's interest has also gained increased significance.
Against this background, the HD assessed in the current case "that the child would be disproportionately and unreasonably hard hit if the parent was sentenced to prison and that a prison sentence would be clearly incompatible with the child's best interests".