Psykiskt störda lagöverträdare - Straffrättsligt ansvar och påföljd

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: This thesis examines how the introduction of a defence of insanity for mentally ill offenders would affect criminal liability and sentencing. The premise is the proposed defence of insanity which was outlined in the governmental inquiry SOU 2012:17. The proposal is compared with current legislation, and aims to investigate if the adoption of such a policy is pertinent The proposal suggests that a mentally ill offender whom is not found to be of sound mind should be exempt from criminal punishment. Since the establishment of the criminal code in 1965, serious mental illness has only been taken into consideration when determining sentencing. This principle is unique to Sweden. This thesis initially examines the basis in criminal law and consequent criminal theories. First, a historical review of the Swedish legislative development for mentally ill offenders will be presented, followed by an outline of the current legislation. The case of Anna Lind is discussed to illustrate the difficulties associated with this legislation, and research showing a connection between mental illness and violent crime is also highlighted. Lastly, the analysis and conclusions will be presented. The analysis includes the advantages and disadvantages of a defence of insanity. The conclusion is that proposed legislative principles would only be an improvement to current legislation to a limited extent. The consequence of the introduction of this legislation would be that whilst a number of problems would be alleviated, further problems would arise. To move from the current system to a different, not entirely satisfactory, system would not justify the necessary legislative changes which are the basis of this proposal. The main objection is that discriminatory legislation would be established and existing prejudices would be reinforced. In addition, exoneration would lead to difficulties relating to equal treatment of those of sound mind and those of unsound mind.

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