Brottsutredningen vid våld i nära relationer

Sammanfattning: A case of spousal homocide caused strong reactions last year. The case had previously been subject of criminal investigation, but was dropped when the victim no longer wanted to participate. Although partner violence is prioritized by the legal system, the crimes are difficult to investigate. The victims struggle in taking a stand against the violence which makes it difficult to perpetuate evidence. Understanding of the situation and actions of the victims are required in the criminal investigation, so that victims are motivated to continue participating. It is also important to ensure evidence in the initial stage of the criminal investigation, as women's inclination to participate decreases over time. Exemptions from the obligation to investigate cases of partner violence are few, and can only be made when the evidence is not sufficient for prosecution, as well as when it is clear that the crime can not be investigated. The prosecution is therefore highly dependent on the evidence. Even though prosecutors and police have guidelines for how these cases should be handled, a number of shortcomings are found in the investigations that complicates law enforcement. The criminal investigation should be considered insufficient when the police and prosecutors fail to carry out investigative measures required in cases of partner violence. If they have not completed their investigative obligation, it should also be considered wrong to refrain the investigation on grounds stating that the crime can not be investigated. It should also be noted that criminal investigations frequently are terminated when the victims no longer want to participate, which is not a uniform application of the law. It doesn’t comply with the rules for refraining from criminal investigation and prosecution - whether the evidence is sufficient or not should be considered in the individual case. It can be noted that the rule of law is lacking, and that the law enforcement fails to protect abused women.