The government's investigator Lise Tamm, former chief prosecutor, has proposed to the Minister of Justice Gunnar Strömmer (M) to completely rewrite the law on so-called non-independent criminal offenses, i.e. attempts, preparations, and instigations to commit crimes.
Now that the consultation period is over, several heavyweight consultative bodies, such as the Prosecution Authority, several district courts and courts of appeal, the Bar Association, and legal institutions, are opposing the implementation of large parts of the proposals.
Two of the investigation's own experts have even chosen not to support the proposals, and in several consultation responses, reference is made to a special statement from one of them – Erik Svensson, docent in criminal law at Stockholm University.
The investigation has been far too superficial in relation to the very complex and crucial issues that are being addressed, says Erik Svensson.
This cannot be rushed through in just one year.
Everyday things
The short investigation period affects the quality of the proposals, point out several consultative bodies.
"It is not possible to form an opinion on what the collective consequences of the investigation's proposals in different parts will entail," writes, for example, the Court of Appeal for Skåne and Blekinge.
The investigator proposes that more actions than today should be covered, such as people discussing murder plans in chat rooms or arranging an apartment in preparation for a murder. Everyday things should also be able to be seen as aids in preparation crimes, such as ropes, cash, clothes, and mobile phones.
Also, actions that are not punishable or reprehensible will be covered. It will be difficult to draw the line for what is punishable and what is not, says Svensson.
"Not smart"
Even though the government's intention is to combat organized crime and honor crimes, the proposals have a much broader impact, as they apply to almost all types of crimes.
The problem is that you're rebuilding the entire system based on a very specific problem. It's not smart, says Svensson.
Fundamentally, most people believe that the legislation needs to be modernized, but that more analysis is needed. Both technology and crime development have outpaced the laws.
Investigator Lise Tamm proposes that the entire Chapter 23 of the Penal Code, which regulates non-independent criminal offenses, should be repealed and replaced with a new chapter.
The punishable area for preparation and instigation should be expanded, and more actions should be covered.
For example, mapping a crime victim, reconnaissance before a crime, starting a group chat about a murder plan, establishing contact with a potential crime victim, and creating companies or accounts whose sole purpose is to be used for crimes.
The context is crucial; there must be intent and purpose to commit a specific crime, and the prosecutor has the burden of proof.
Young people are given a new opportunity for voluntary withdrawal – to back out and thus prevent the crime, and avoid punishment.
The new laws are proposed to come into force on November 1, 2025.
