Tidiga förhör som bevis i brottmål – Förhållandet mellan 35 kap. 14–15 §§ RB och den tilltalades rätt till en rättssäker och rättvis rättegång

Sammanfattning: On 1 January 2022, changes to the Swedish Code of Judicial Procedure entered into force. The changes to the law refer, inter alia, to substantive and linguistic changes to Chapter 35 Section 14 of the Swedish Code of Judicial Procedure and the introduction of Chapter 35 Section 15 of the Swedish Code of Judicial Procedure. In summary, the changes in the law mean expanded opportunities to use information from interrogations during the preliminary investigation as evidence in criminal trials. The background to the changes in the law is that the number of major and extensive criminal cases in Sweden has increased in recent years. These criminal cases are usually preceded by extensive and complex criminal investigations and are characterized by many suspects, witnesses, and crime victims as well as an extensive amount of evidence. The changes to the Swedish Code of Judicial Procedure aim to streamline and modernize the administration of criminal cases and make the rules of evidence more flexible. The expanded possibilities to use information from preliminary investigations as evidence in criminal trials have been criticized by for example the Parliamentary Ombudsmen and the Swedish Bar Association. The main objection to the changes in the law is that they may lead to a deterioration of the defendant's legal certainty in the criminal process and rights according to Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). This essay aims to examine the relationship between the changes to Chapter 35 Section 14 and the introduction of Chapter 35 Section 15 of the Swedish Code of Judicial and the defendant's right to a fair trial according to Article 6 ECHR. The relationship between the changes in the law and the right to a fair trial is examined in the light of the requirement for legal certainty in the criminal process. To answer the essay's questions, the legal analytical method is used in combination with the preparatory work for the changes to the law, doctrine and judgments from the European Court of Human Rights and the Supreme Court of Sweden. It is ascertained, in the concluding chapter of this essay, that the changes regarding Chapter 35 Section 14 and Chapter 35 Section 15 of the Swedish Code of Judicial are not per se incompatible with the right to a fair trial. However, the application of the new provisions may, under certain circumstances, come into conflict with the defendant's rights according to Article 6 ECHR. In addition, the changes to the law may result in increased demands being placed on the law enforcement authorities' handling of preliminary investigations respectively the courts' handling of criminal cases.