Vem vågar skvallra? - En analys av aktuellt lagförslag om kronvittnen ur ett rättssäkerhetsperspektiv

Sammanfattning: Gang related crimes are often one of the main topics in the Swedish political debates. There is a common concern within the society related to the criminal gangs and a pressure on the government to act. In March 2022, the government presented a bill where a “crown witness” system is being suggested as part of a solution to the problem. There is a strong “silence culture” between members in criminal gangs. The feeling of loyalty towards each other is of significant meaning and any cooperation with police is looked down upon. A crown witness system is supposedly going to encourage cooperation with police with the result of a higher crime clearance rate. Denmark installed a crown witness system in the year of 2002 and are used as a prime example of inspiration. The Swedish legal system relies on important legal principles, such as the rule of law. When new bills are presented in procedural law, it is of utter importance that they do not excavate the rule of law. However, it is also of utter importance that they are efficient. Those in favor of the new bill argues that efficiency is key and that the proposed bill is indeed efficient. Those who are against the new bill argues that the crown witness system would go against the rule of law. The purpose of this essay is to analyze the new bill from a rule of law perspective. There are two questions that will be answered in this essay. First, what are the main arguments in favor of and against the new bill? Secondly, if the government passes the bill, will it result in a breach of the silence culture? The conclusion is that there are arguments on both sides of significant importance. However, the proposed bill as such will not result in a breach of the silence culture. There are some fundamental and practical issues with the bill which are against the rule of law. A crown witness system is odd to Swedish law and since there are no grounds for it to breach the silence culture, there are also no convincing arguments as to why there should be an installment of the system.