The so-called security sentence is intended to be directed at individuals who have committed serious violent or assaultive crimes and who cannot be sentenced to life imprisonment. Additionally, there must be a "substantial" risk of recidivism in the same serious criminal behavior.
It can, for example, involve serial rapists, serious cases of partner violence, or serious arsonists.
Now, a number of authorities, courts, and organizations have expressed their opinions on the proposal presented last summer. Several heavyweight instances, such as the Göta Court of Appeal, the Svea Court of Appeal, and the Prosecution Authority, say stop.
"Compulsory Custody"
"The proposed penalty resembles compulsory custody, which should not be part of the criminal justice system," writes the Göta Court of Appeal.
The Svea Court of Appeal reasons in a similar vein. The court writes that the proposal is a "departure from the fundamental principle that penalties should correspond to the severity of the crime and the guilt of the perpetrator".
According to the court, there is a "risk that several individuals may be detained, in a preventive manner, without having a real risk of recidivism in serious crime". Both courts believe that the lack of precision when assessing the risk of recidivism is a strong reason for not having a security sentence.
The Prosecution Authority is also skeptical. The authority believes that there is a need for preventive detention to protect society and potential victims, but does not think that the proposed solution hits the mark.
"Well-balanced"
On the other hand, the Court of Appeal for Upper Norrland writes that "the proposal appears to be well-balanced in terms of its purpose".
Several remitters write that they think there is a need for a penalty that protects society from dangerous recidivists. The Crime Prevention Council, for example, notes that "the proposed security sentence fills a gap in current legislation".
The government will now go through the various opinions and take a stand on how to proceed with the proposal next year. Justice Minister Gunnar Strömmer (M) thinks it's a very serious and well-worked-out proposal.
Naturally, questions arise about the legal certainty of such a system. But it can be done in a balanced way, the investigator believes, and I also believe, he says.
Life imprisonment is a prison sentence that is not time-limited. It is sentenced to particularly serious crimes and is used in practice only for murder.
One who has served at least ten years of life imprisonment can apply to have it converted to a time-limited sentence. A life sentence converted to a time-limited sentence may never be less than 18 years.
The proposed security sentence is intended to be directed at those who have been sentenced to prison for a certain period and have relapsed into crime or have been convicted of repeated serious crimes. It should also be a "substantial" risk of recidivism.
Source: The Prosecution Authority and SOU 2024:48
