Livstids fängelse som normalstraff för mord - är lagstiftarens avsikt förenlig med proportionalitetsprincipen?

Sammanfattning: The legislator has during the recent years enacted legislation in order to increase the application of life imprisonment for murder. The intention is that cases of murder with aggravating circumstances should lead to life imprisonment. These cases of murder are currently punished with 15 – 18 years in prison. Cases of murder with exceptionally aggravating circumstances are punished with life imprisonment. This essay aims to discuss whether the legislator’s intention with increased usage of life imprisonment is compatible with the principle of proportionality. The principle states that a more severe criminal act should lead to a more severe penalty than a less severe criminal act. The essay points out that the legislator’s intention would cause that all cases of murder in the upper part of the range of punishment, henceforth would lead to the same punishment. This would strongly reduce the ability to do an nuanced assessment of aggravating circumstances within cases of murder. This would restrict the application of the principle of proportionality. The arguments behind the amendment of the law are mainly based on a changed view on serious cases of crime of violence. The discussion concludes that the legislator’s intention is not compatible with the principle of proportionality.