Bundenhet av ansvarsavgörandet vid avgörande av enskilt anspråk – Hur det enskilda anspråkets relation till brottet påverkar tillämpningen av rättegångsbalkens 29 kap. 6 § 3 men.

Sammanfattning: The purpose of the essay is to examine when a court is to be considered bound by its decision regarding the question of guilt when ruling on a private claim (enskilt anspråk) in the same proceeding. To understand this, a rule in chapter 29, section 6, paragraph 3 of the Swedish Code of Judicial Procedure (rättegångsbalken) is examined, as well as how the presumption of innocence in the European Convention on Human Rights (ECHR) affects the legal situa-tion. In chapter 29, section 6, paragraph 3 of the Swedish Code of Judicial Proce-dure there is a rule that binds the court to the decision made pertaining to the question of guilt when judging the individual claim. The rule is not to be in-terpreted literally. There is insufficient guidance from the legislative history and judicial literature. In two key judgements, NJA 2019 s. 845 and the Su-preme Court judgement T 1106-22, the Swedish Supreme Court (HD) as-sessed in which way a court should be bound by the verdict of guilt when assessing the private claim. The rules emerging from these judgements are difficult to interpret and somewhat contradictory. Further, Swedish courts are also bound by the ECHR. Article 6, Section 2 of the ECHR grants a right for the individual called the presumption of inno-cence. The presumption not only implies that the accused should be consid-ered innocent until proven guilty by a court. It also implies that the accused should be considered innocent by the legal system of a criminal offense of which they have been acquitted. The essay concludes that a court is bound by its judgement in the question of guilt when ruling on the private claim, when the statement of the criminal act as charged and the cause of action of the private claim correspond completely. The essay further concludes that the Swedish Supreme Court’s rulings entail that the courts cannot award damages if it has acquitted in the question of guilt in multiple cases. When making decisions in the part regarding the question of guilt, the court is then bound by these decisions when ruling on the individual claim. Therefore, a court cannot assess the same circumstance multiple times in the same trial. The essay further finds that through the presumption of innocence of the ECHR, follows that Swedish courts cannot impute criminal responsibility on a person acquitted of a crime in the same trial. This does not affect Swedish courts in cases relating to this essay, since they are in many cases bound by the decision made in the question of guilt following NJA 2019 s. 845 and the Supreme Court judgement T 1106-22.