Särbehandling av unga myndiga lagöverträdare i påföljdsbestämningen - I ljuset av ändringen i 29 kap. 7 § brottsbalken

Sammanfattning: On the 2nd of January an amendment came into effect that means young adult offenders in the 18-20 age group will no longer get special treatment in the determination of sanctions when the crime is of a more serious degree. This essay is about the amendment that has been done to chapter 29 section 7 in the Swedish Penal Code. According to the new regulation 18–20-year-olds will no longer get an automatic reduction in sanctions because of their age in cases where the minimum penalty is prison for one year or more, for attempt, preparation, conspiracy, or failure to reveal or prevent such a crime, or when the penal value is prison for one year or more. Consideration for young age can be shown in the assessment of the penal value according to chapter 29 section 3 first subsection 3. This is not an automatic reduction in sanctions but an individual assessment, where the penal value can be decreased due to the deficient development, experience, or judgement of the offender. The amendment to chapter 29 section 7 might result in an increased use of this regulation. The amendment can be criticized from a perspective of proportionality. The principle of proportionality is a cornerstone in the Swedish penal system. According to this principle the severity of the punishment must be proportionate to the severity of the crime. The severity of the crime is determined by the damage, violation or danger caused by the criminal action, and the degree of blame of the offender. Science shows that young people have a comparatively underdeveloped capacity to take responsibility for their actions, compared to adults, which influences the degree of their blame, and because of this they should get special treatment in the penal system. The amendment should not affect the reduction in sanctions for 15–17-year-olds. This may result in big differences in sanctions, when the penalty becomes twice as severe at turning 18. This is hardly consistent with the principle of proportionality.