Oskyldighetspresumtionen som svar - En studie om oskyldighetspresumtionens rättsliga ställning i ljuset av Lindomeproblematiken

Sammanfattning: ‘Lindomeproblematiken’ describes the notion where there are more than two perpetrators suspected of a crime, but the investigation cannot determine which of the two has committed the crime or whether they carried out the act together. In such cases, the defendants are acquitted when it cannot be ruled out that one of the suspects remained completely passive during the course of events. The procedure can be justified by the presumption of innocence, which stipulates that a suspect should be treated as innocent until a judgement confirms his or her guilt. The main idea of this essay is to account for possible legal explanations, with the presumption of innocence in focus, as to why defendants are sometimes acquitted in such cases. The aim of the thesis is to evaluate the legal status of the presumption of innocence in cases where there are several suspected perpetrators, but it cannot be clarified who committed the crime. The aim is concretized by three questions concerning the legal management of such cases, a comparison with foreign law and an evaluation of the restoration of the presumption of innocence in such cases. The aim and questions are answered through an analysis of three cases: ‘Lindomefallet’, ’Markarydsfallet’ and ’the double homicide in Vallentuna’. The material that has been most instrumental for the thesis is the ministry publications series "Efter Lindome" and the doctrine "Oskyldighetspresumtionen". The analysis states that the legal status of the presumption of innocence is relatively strong in terms of prosecution, evidentiary requirements and responsibility for complicity. On the other hand, there are threats that the presumption of innocence may face in relation to the named aspects. Furthermore, it can be concluded that the legal status of the presumption is also relatively strong from an international perspective. Finally, it should be noted that the restoration of the presumption of innocence in ‘Lindomeproblematiken’ can be aggravated by a court’s reasoning, when difficult legal arguments are used, and the media’s way to narrate the cases to the public.