Den psykiskt sjukes ansvar - Om tillräknelighet som förutsättning för straffrättsligt ansvar

Sammanfattning: Swedish criminal law is unique in the sense that mentally disturbed offenders are held accountable for their actions. A majority of legal systems in the world excempt mentally disturbed offenders from criminal responsibility. They therefore go unpunished. Historically this has also been the case in Sweden but with the introduction of the penal code in 1965 the excemption of mentally disturbed offenders from criminal responsibility was removed. Instead a serious mental disorder is considered in the choice of sanction. The thesis begins with a brief presentation of the ideas that prompted the changing views on criminal law that subsequently led to the unique legal situation we have today. Several governmental reports have suggested a reinstatement of the excemption of mentally disturbed offenders from criminal responsibility. The Norwegian penal code excempts mentally disturbed offenders from criminal responsibility. Except from this, the Swedish legal system is otherwise very similar to the Norwegian legal system. Therefore a comparison is made between the two countries penal codes. The Norwegian court’s reasoning regarding sanity in the case of Anders Behring Breivik is also presented. Finally the pros and cons of a possible reintroduction of the excemption of mentally disturbed offenders from criminal responsibility is presented. The thesis reaches the conclusion that the pros of a reintroduction prevail the cons.