Dold bevisvärdering - En analys av kravet på redovisning av bevisvärdering vid brottmål och dess juridiska konsekvenser

Sammanfattning: In swedish procedural code there is a principle of free sifting of evidence. This principle comprises of partly free production of evidence, partly free evaluation of evidence. Free evaluation of evidence means that the court is free to evaluate the referred evidence, without any restrictions in regulation. However, this freedom doesn’t mean that the evaluation doesn’t need to be accounted for. According to the code of judicial procedure the court has to account for what’s considered proven and why that is. The Parliamentary Ombudsman Lars Lindström has noted that in several cases, courts hasn’t met the requirements set by the law. The purpose of this essay is to analyze the legal consequences that follows from the requirements imposed on the reasoning in regards to accounting for the evaluation of evidence in criminal cases. This essay is using legal-judicial method and has a critical perspective of the law. There are numerous reasons why it’s important that a judgement contains detailed reasoning. Detailed reasoning promote the courts compliance with the rule of law by giving the parties the opportunity to critically review the judgement. In higher court the grounds for judgement are particularly important as they make an appeal easier for both parties. Drawing from this essay, one of the conclusions that can be made, is that verdicts in multible cases has not fulfilled the requirements imposed by the law. Whether this is a result of lackings in the regulation, or not, can however not be determined.