The Supreme Court has tried whether a deportation due to crime is proportionate when the convicted person has lived in Sweden since birth or at a very young age, writes the Supreme Court.
At the same time, the Supreme Court shortens the length of the deportation from lifetime to ten years.
The decision to deport the man was made in the Svea Court of Appeal and is based on new legislation from 2022, when the rules on deportation due to crime were changed. Among other things, the deportation ban was removed for persons who came to Sweden before the age of 15 and who have lived here for at least five years.
In connection with the judgment, Court of Appeal Judge Therese Linderoth expressed that it would be good if the Supreme Court took up the issue to clarify how the assessments should be made after the legislative change.
It was in the spring of 2023 that the then 17-year-old perpetrator shot and killed a man with multiple shots in front of his family in a residence in Flemingsberg, south of Stockholm. The incident is linked to a conflict between criminal networks in Södertälje.
The Supreme Court has simultaneously tried another judgment - that against a now 37-year-old man who was convicted of, among other things, aggravated weapons offenses and three cases of aggravated unlawful threats.
The man in question came to Sweden with his family when he was only eight months old. In addition to imprisonment, the man was sentenced in the Göta Court of Appeal to ten years of deportation, but the Supreme Court believes that this would not be proportionate and he is therefore not deported.
At the same time, the Supreme Court's decision may soon become obsolete.
Last year, the government appointed an inquiry to review the entire regulatory framework for deportation due to crime, and the conclusions are to be presented in May.
