En rättssäker Kriminalvård? - Kriminalvårdens verksamhet i anstalt ur ett rättsstatligt perspektiv

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: There are approximately 4 100 people incarcerated in Swedish prisons. They are in the custody of The Swedish Prison and Probation Service (SPPS). SPPS is the authority in charge of the correctional institutional treatment of offenders. The SPPS’ measures and decisions taken within the prisons can be sorted into three main categories: to maintain order and security within the prisons, to prepare inmates for a better life after release and to prevent prisoners from escaping the prisons. In a state governed by law (rättsstat) there are certain aspects that needs to be satisfied. The rule of law (rättssäkerhet/rättsstatlighet) and the principle of legality (legalitetsprincipen) are the foundations of a state governed by law. The four basic principles of a state governed by law are: access to justice, protection from undue acts of the state, predictability of justice and equality before the law. The decisions and measures of the SPPS in the correctional institutional treatment are supervised by the regulatory authority Parliamentary Ombudsmen (JO). JO ensures that the SPPS acts in compliance with the law through enquires and investigation. The result of these enquires and investigations are posted in annual reports. JO investigations illustrates numerous different incompliances with the law thought SPPS’ measures and decisions taken within the prisons. Incompliances with the law, pointed out by JO, constitutes the basis of my investigation of whether or not the SPPS acts in compliance with the principles of a state ruled by law and the rule of law. The flaws vary in scope and extent. The most severe flaws are found in the decisions to place prisoners in isolation, which is one of SPPS’ most restraining measures. The conclusion is that there are several flaws with many of the SPPS’ measures and decisions in the correctional institutional treatment. These incompliances with the law illustrates that the SPPS in some aspects struggle to act according to the principles of a state governed by law.

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