Project Manager
Nordlöf, KerstinProject manager
Örebro UniversityAmount granted
205 000 SEKYear
2017Under Swedish criminal law, unlike most other legal systems, a person who was suffering from a serious mental disorder at the time of the offense can be held accountable. In order for the requirements of due process to be met in such cases, the court, as in other criminal cases, can only impose criminal liability if it is established beyond reasonable doubt that the act alleged by the prosecutor was committed by the defendant with intent or negligence. The reasoning of the court in the event of a conviction must be set out in the reasons for the conviction. In criminal cases where the defendant suffers from a serious mental disorder, the evaluation of evidence can be problematic. If the defendant is also young, this can be an additional aggravating factor for the court when assessing the defendant's guilt. The purpose of the project is to investigate legal certainty in these criminal cases and with the following question: How does the court reason in relation to intent or negligence in cases where a conviction has been handed down where the defendant is young and has undergone a forensic psychiatric examination showing that he or she was suffering from a serious mental disorder at the time of the offense. The material in the project consists of all judgments during a ten-year period, 2004-2013, concerning young offenders who underwent a forensic psychiatric examination in connection with prosecution.