Allvarlig Psykisk Störning

Sammanfattning: The purpose of the essay was to investigate whether criminal law, in particular the necessary intentional prerequisite, the presumption of prison and the provision of forensic psychiatric care, is applied uniformly in the case of mentally disrupted offenders? After answering that question, the answer would serve as a basis for a discussion as to whether law enforcement in case of severe mental disorders is predictable from a rule of law perspective. Through a legal-judicial method, the essay has been structured to give the reader an insight into relevant legislation, case law and doctrines, thus expanding the understanding of how law enforcement is practiced by mentally impaired offenders. The analysis itself is based primarily on a comparison between four relevant cases where severe mental disorders are the main focus. The information presented in the dissertation is then used to analyze the case law's assessments. Judgments of the courts are in this essay divided into two parts; criminal intent assessment and sentence assessment. The results showed that legislation over the years has not been applied particularly uniformly. Much of that is believed to be due to the fact that there was previously a prison ban in Swedish legislation for mentally impaired offenders in Chapter 30. Section 6 BrB. Furthermore, the criminal intent assessment poses problems, largely because of its complex nature, especially in cases of mentally impaired offenders. Therefore, it is argued for a solution that reintroduces the accountability requirement into Swedish legislation. The conclusion is that the law enforcement cannot be regarded as predictable from a rule of law perspective as there are still shortcomings in the way the legislation is formulated, but also in how the courts perform their assessment. However, it is a law enforcement that is heading in the right direction according to the development of practice.