Brott och psykisk störning - Är domstolen konsekvent i sin bedömning av psykiskt störda lagöverträdare?

Sammanfattning: For a long time, crime and mental disorder have been the subject of discussion due to the difficulties a mental disorder may entail in the law enforcement. Since the abolition of the accountability condition regarding the introduction of the Swedish Penal Code in 1965, the treatment of mentally disturbed offenders has been transferred from the responsibility section to the penalty section. The focus of the essay is based on Swedish law enforcement and on the role of mental disorder in the intentional trial and in the penalty assessment. Five legal cases relating to crimes and mental disorders are at the centre of the investigation. The cases have been analysed based on applicable law to highlight any similarities and differences in the assessment of the Court. The study has shown that a mental disorder affects the trial of intention in several ways, but mainly regarding the need for awareness. According to the law, a normal intentional trial must be made whether the offender suffers from a mental disorder or not. However, the intentions should be assessed in the light of the mental disorder. Despite a gradual change towards a more accurate intentional trial, it is very seldom that the court finds that mentally disturbed offenders have not acted deliberately. In the penalty determination for mentally disturbed offenders, the so-called prison presumption and the provision of legal psychiatric care apply. The decisive factor for sentencing is whether the offender at the time of the act and the case suffered a serious mental disorder or not. It is up to the court to assess the mental state of the offender, but according to the study below, medical advice is often given a great deal of importance in the assessment.